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HomeMy WebLinkAbout2023 02 13 City Commission Regular Meeting Minutes i CITY COMMISSION Incorporated P E G U LA P MEETING MINUTES 1959 MON DAY, FEBPUAPY 13, 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, February 13,2023 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 followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Deputy Mayor Elliott asked that an item be added to discuss the latest crime reporting statistics.There was no objection and there were no further agenda changes. AWARDS AND PRESENTATIONS 100) Employee Service Awards Mayor McCann recognized the following employees who had reached significant milestones in years of service to the City: 5 Years: Mr.Troy Cooper, Sign Technician; Ms. Lorna Bradley, Permitting Manager 10 Years: Ms. Marla Mullis, Billing Supervisor 15 Years: Mr. Charles Quick, Police Officer 20 Years: Mr. Wynell King, Meter Services Foreman 25 Years: Mr.Jason Simpkins, Utility Foreman 101) Police Awards Presentation Chief Matt Tracht introduced the item and recognized the following officers: Officer Lynn Saccente was presented with two Life-Saving Awards for her actions on December 4, 2022. Officer Andrew Jones was presented with a Life-Saving Award for his actions on December 4,2022. Chief Tracht then presented a Unit Commendation to the Field Training Officers Unit, made up of the following officers: Officer Ryan Von Bargen, Officer Andrew Jones, Officer Lynn Saccente, Officer Christopher Roland, Officer Joshua Cook, Officer Cesar Chavez, Officer D'Allesandro Woodard, Officer Adam Colangelo, Investigator Marcus Medal, and Officer Marette Sims. 102) Presentation of 2022 Festival of the Arts Poster from the Oviedo-Winter Springs Chamber of Commerce Ms. Roxanne Ferguson, President/CEO. Oviedo-Winter Springs Chamber of Commerce noted a new website,535 members, reviewed activities held by the Chamber,and presented the City with the 2022 Festival of the Arts poster. INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Mr. David Florman, 770 East Bahama Road, Winter Springs discussed half-primes and concerns about data security and smart phones. Ms. Denise Brown, 774 Lido Road discussed flooding concerns related to drainage, options presented at the FEMA Hazard Mitigation Program informational workshop, previous reports that identified issues and claimed these were not addressed. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs asked that Water Conservation Month be recognized by the City in April. Mayor McCann closed Public Input. CONSENTAGENDA 300) Resolution No. 2023-07 Extending the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery No discussion. 301) Repair of Mt. Laurel Drive Stormwater Pond No discussion. 302) Purchase of Additional Security Cameras for Public Works and Utilities Facilities No discussion. 303) Master Fee Schedule for City Event Vendor Applications and Equipment Rental No discussion. 304) Approval of the Minutes from the Monday, December 19,2022 City Commission Special Meeting No discussion. 305) Approval of the Minutes from the Monday,January 23,2023 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY CADE RESNICK SECONDED BY TED JOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) First Reading Ordinance 2023-01 Repealing the Provisions of Chapter 2 Which Provide For a Set Time of Adjournment for Meetings of the City Commission Mayor McCann asked for a motion to read by title only. "SO MOVED." MOTION BYCOMMISSIONER RESNICK SECONDED BYCOMMISSIONERJOHNSON. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2023-01 by title, and explained that this ordinance would strike the requirement for a set adjournment time from the Rules and Procedures as directed by the Commission. Discussion followed on the reasoning for the proposed change,the history of rules changes related to start and stop times of Commission Meetings,and how long the current rules had been in place. Further discussion followed on the length of meetings, resident concerns,surrounding municipality's meeting lengths, resident attendance and participation, data related to the number of people that listen to meetings and when they drop off, and potential changes to shorten meetings. Mayor McCann opened Public Input for Item 400. Ms. Karen Meyer, 747 Andover Circle, Winter Springs shared that she thought meetings should be as long as necessary to address the agenda as posted. Ms. Marie Cashion, 7529 Woodsglen Drive, Winter Springs noted her experience with long HOA meetings and thought Commission meetings should last as long as it took to address City business. Mr. Kyle Reineck, 679 Benita wood Court, Winter Springs - Mr. Art Gallo, 799 Nandina Terrace, Winter Springs thought meetings should go as long as needed, noted his own research about meeting length, and proposed some alternate approaches. Mr. Mark Caruso, Win ter Springs noted listening to the CAL NO meeting and thought other cities were doing the work before the Commission meetings. Mayor McCann closed Public Input for Item 400. "MOTION TO APPROVE ORDI NANCE 2023-01 AMENDING CHAPTER 2 OF TH E CITY OF WINTER SPRINGS CODE OF ORDINANCES; REPEALING THE PROVISIONS OF CHAPTER 2 WHICH PROVIDE FOR A SET TIME OF ADJOURNMENT FOR MEETINGS OF THE CITY COMMISSION." MOTION BY COMMISSIONER JOHNSON.SECONDED BYCOMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT(AYE) MOTION CARRIED3-2. REGULAR AGENDA 500) Discussion regarding the 2021 SCPS Interlocal Agreement(ILA)for Public School Facility Planning and School Concurrency Commissioner Colangelo noted the2021 Interlocal Agreement was pending Winter Springs signature, noted the School Board's position against agreements with individual cities.asked for discussion,and reviewed her understanding of the City's opposition to the proposed Interlocal agreement and associated impacts. Discussion followed on SCALD application decisions, developer contributions, bussing, the proposed change in the agreement from 100%to 88%approval for certain changes,and what areas were in the City's purview. Further discussion followed on the proposed 88%approval threshold,opposition to this provision,the request for notification in advance about proposed changes, difficulties related to concurrency, and the responsibilities of the School Board. Several Commissioners noted that they were in favor of the City Manager and City Attorney restarting discussions with relevant parties to the agreement. Attorney Garganese noted the 88%approval threshold was related to amendments to the agreement, noted some exceptions which would continue to require unanimous approval such as Concurrency Service Areas (CSAs), and noted that currently all parties were still under the 2008 agreement. Manager Boyle then differentiated between concurrency and attendance zones,noted meetings with the School Board related to the previously approved City proposal, discussions with other City Managers and the Superintendent, and noted that he had planned a meeting to go to the County and advocate for the removal of the 88%threshold provision. "I MAKE A MOTION TO SIGN THIS NEW INTERLOCAL AGREEMENT IN THE EVENT THAT SEMINOLE COUNTY SCHOOL BOARD AMENDSTHE 88% LANGUAGE."MOTION BYCOMMISSIONER COLANGELO. MOTION DIED FOR LACK OF A SECOND. Attorney Garganese reviewed that the last direction of the Commission was related to the previously adopted individual agreement proposed between the City and Seminole County Public Schools, reviewed a meeting with other city managers and the reception, discussions about the 88% rule,and thought new direction was appropriate.Attorney Garganese noted the direction could be either sign the agreement as presented or propose the elimination of the 88% rule to be presented to the appropriate parties and await action from other parties to the agreement. Based on this discussion, Attorney Garganese noted that the motion as made by Commissioner Colangelo did not provide sufficient direction. "MOTION TO GIVE MANAGER DIRECTION TO GO FORWARD AND HAVE DIALOGUE WITH PARTIES TO TH E AGREEM ENT AS N EEDED TO NEGOTIATE THE CONTRACT BACK TO THE 100%FROM TH E 88%AN D REPORT BACK THE FINDINGS." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. VOTE: BENTON (AYE);COLANGELO(AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. ADD-ON 500a.) Discussion on NIBRS Report Deputy Mayor Elliott asked questions to Chief Tracht about declining crime in the City as noted in the most recent crime statistics report and encouraged everyone to read the report Chief Tracht noted body cameras should be in the field soon. 501) Appointment Opportunities for City Boards and Committees "I WOULD LIKE TO NOMINATE EVA EVERSON TO THE BICYCLE AND PEDESTRIAN COMMITTEE SUBJECT TO A COMPLETE APPLICATION BEING SUBMITTED AND REVIEWED." MOTION BY COMMISSIONER RESNICK SECONDED BY DEPUTY MAYOR ELLIOTT. MOTION PASSED WITH UNANIMOUS CONSENT. "I WOULD LIKE TO MAKE A MOTION TO APPOINT RICK SEGAL TO THE PARKS AND RECREATION ADVISORY COMMITTEE." MOTION BY COMMISSIONER RESNICK SECONDED BY COMMISSIONER JOHNSON. MOTION CARRIED 4-1 WITH DEPUTY MAYOR ELLIOTT OPPOSED. "I WOULD MAKE A MOTION TO NOMINATE BRANDON MORRISSEY FOR THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE." MOTION BY COMMISSIONER RESNICK SECONDED BY COMMISSION ER COLANGELO. VOTE: BENTON (AYE);COLANGELO(AYE);JOHNSON (NAY); RESNICK(AYE); ELLIOTT(NAY) MOTION CARRIED3-2. Commissioner Colangelo asked about any current vacancies for her seat and an applicant for the Parks and Recreation Advisory Committee. 502) New Business Mayor McCann noted the RFQ for Wastewater Treatment Facilities Design and asked the City Attorney to remind Commissioners of their responsibilities. Manager Boyle noted a blackout period related to communications, prohibitions for respondents related to communication with Mayor, Commissioners, and Manager and related consequences. Manager Boyle noted that all communication relative to the RFQ should go through Mr. Scott Johnson, Procurement Manager. Attorney Garganese noted the longstanding anti-lobbying provision included in the bid document and explained that the intention was to maintain a level playing field. Deputy Mayor Elliott noted stopping by the Father-Daughter Dance, strange circumstances related to reserved tickets, and certain people being unable to attend due to unused reservations. Deputy Mayor Elliott requested the City Manager and Staff look at events which require reservations and look at imposing stricter rules. Commissioner Resnick asked that a Stormwater Program overhaul proposal be brought back related to taking over ponds and Stormwater infrastructure throughout the City. Second, Commissioner Resnick asked that a creeks and waterways plan be created in conjunction with surrounding cities and Seminole County and an annual program bedeveloped. Finally,Commissioner Resnick requested the Commission look at the possibility of selling City Hall and building a new facility on land the City owned at Torcaso Park. "MOTION TO EXTEND THE MEETING TO NO LATER THAN 10P.M"MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BYCOMMISSIONERJOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 4-1. Discussion followed on private ownership of ponds, the current moratorium, and time needed to evaluate the issues. Mr. Philip Hursh, Director, Public Works Department noted liability concerns related to private infrastructure and state requirements for HOA's to have reserves to manage ponds. Commissioner Resnick noted he understood that this wouldn't be able to be done quickly and said he thought it was important related to long-term consequences. Commissioner Johnson commented on the recent CALNO meeting and suggested that the City's representative,currently Commissioner Colangelo, be changed for the remainder of the year. Discussion followed on concerns related to comments and negativity. Mayor McCann noted that he was willing to serve if that was the will of the Commission. Brief discussion followed on opportunities to learn. "MOTION TO APPROVE CHANGING THE CALNO REPRESENTATION FOR THE REMAINDER OF CALENDAR YEAR 2023." MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT(AYE) MOTION CARRIED3-2. Mayor opened Public Input related to the previous motion. Mr. Mark Caruso, Winter Springs thanked Commissioner Colangelo for her representation on CALNO and noted that he thought her removal was unfair. Ms. Antoinette Moran, 7789 Irwin Court, Winter Springs shared concerns about Commissioner Colangelo being removed as CALNO representative, and thought it was unfair. Mr. Bryan Bruce, 729 Cherry Creek Circle, Winter Springs noted he was in attendance at the meeting, thought there was nothing to be offended about, notedsupport from those in attendance,andshared further concerns. Mr. Brandon Morrisey, 965 Sequoia Drive, Winter Springs noted he thought it was unfair to remove Commissioner Colangelo as CALNO representative. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs read the preamble to the bylaws for CALNO and noted he thought the comments made by the City's representative were inappropriate. Mr. Kyle Reineck, 679 Benita wood Court, Winter Springs noted that he thought everyone deserved a second chance. Ms.Sheila Benton, 474 Cedarwood Court, Winter Springs shared concerns about the comments made by the CALNO representative and supported the change. Mayor McCann closed Public Input. Further discussion about orientation and training that had been provided to all Commissioners. Commissioner Colangelo thought she was representing residents to best of her ability. "MOTION TO APPROVE MAYOR MCCANN BE THE CITY REPRESENTATIVE TO CALNO." MOTION BY DEPUTY MAYOR ELLIOTT.SECONDED BYCOMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT(AYE) MOTION CAPRIED3-2. Commissioner Johnson suggested that Awards/Presentations be conducted prior to the meeting at 6:OOpm and asked that this change be scheduled for discussion at a future meeting. Deputy Mayor Elliott proposed a workshop in the future about pickleball and Manager Boyle noted the Clerk could work to schedule this.There was no objection. Commissioner Benton asked about the Commission's powers related to removing Board/Committee members and Attorney Garganese confirmed the Commission had the right to appoint and remove board members. REPORTS 600) City Manager Shawn Boyle • Provided an update on the West Wastewater Treatment Plant, noted refurbishment was going extremely well, reviewed timeline, and noted a defect was found in the tank wall which would prevent the plant going back online. Manager Boyle then noted he would be coming back with an update and funding request; • Announced the Southern Northern Way Bridge was now open, and that the other should be online in about week and a half; • Commended Mr. Philip Hursh on his work. 601) City Attorney Anthony A.Garganese No report 602)City Clerk Christian Gowan No report 603) Seat Five Commissioner/Deputy Mayor Rob Elliott • Noted attendance at Father-Daughter Dance, Leadership Seminole, and recent Board of Trustees meeting; • Reminded everyone that tomorrow was Valentine's Day and that the Blood Mobile would be at City Hall. 604) Mayor Kevin McCann • Commented on the recent Hazard Mitigation Program workshop and noted that he thought it was successful. Mayor McCann noted the deadline to apply was Friday; • Announced that on Saturday, Seminole County Fire Department and the Red Cross would be targeting homes that may need smoke detectors and providing these at no cost. 605) Seat One Commissioner Matt Benton • Noted attendance at the Citizens Advisory Committee meeting and seeing the new body cameras; • Noted that Burgos Road had reopened. 606) Seat Two Commissioner Victoria Colangelo • Noted her attendance at CALNO and seeing Oviedo's new fire vehicle, discussions with firefighters about common causes of fires, and noted she learned that many fires started in garages where smoke detectors were not always present; • Noted speaking with Water Conservation Coordinator at urging of Art Gallo, brought up cost- sharing program with rebates for smart irrigation controllers and discussed the need to educate residents about these opportunities. 607) Seat Three Commissioner Ted Johnson No report 608) Seat Four Commissioner Cade Resnick • Noted his attendance at the Father-Daughter Dance and commented on the noticeable absence of Arnie Nussbaum; • Noted Babe Ruth was opening this weekend; • Asked for a conversation at future date about video livestreaming meetings. PUBLIC INPUT Mayor McCann opened Public Input Mr. Maurice Kaprow, PO Box 795223, Winter Springs shared concerns about the comments made at CALNO, discussed the upcoming operational audit, and encouraged patience as the process played out. Mr. Mark Caruso, Winter Springs spoke about the Father-Daughter Dance, asked about concerns, and spoke about the loss of city employees. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs made suggestions for discussions at the next CALNO meeting. Ms. Sheila Benton, 474 Cedarwood Court, Winter Springs thanked City Staff for their work and requested that notes read into the record regarding the InterlocalAgreement be made public. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:52 P.M. RESPE L L Y SUBMI ED.' CH STIAN D. GOWAN, MPA CITY CLERK MONDAY, F EBPUAPYOF 10 'A�h, APPROVED: G •l.0 s s• mod',• MAYOR KEVIN McCANN : ` •° µf . w ; NOTE: These Minutes were approved at the &6-Q tLC. 4� 2023 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, FEBRUARY 13, 2023 1 PAGE 10 OF 10 The following item was referenced and entered into the record by Mr. Art Gallo during Public Input: BYLAWS OF THE COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY AS AMENDED ON MARCH 7, 2012 PREAMBLE We, the representatives of local governments in Seminole County, pursuant to Florida Statutes, Section 163.02, hereby join together in a voluntary organization to be known as the Council of Local Governments in Seminole County for the purpose of meeting at regular intervals to discuss and study community challenges of mutual interest and concern, and to recommend actions to meet those challenges. This organization has been formed as a vehicle for closer cooperation by which the members seek through mutual agreement, solutions to local mutual problems while combining our total resources for regional challenges beyond our individual capabilities. Our goal is to retain, strengthen and improve local home rule. ARTICLE I Membership A. Regular Membership 1. Eligibility. Voting membership shall be open to municipal corporations located in Seminole County and incorporated under the laws of the State of Florida, Seminole County, a political subdivision of the State of Florida, the School Board of Seminole County, Florida, and Seminole State College of Florida. 2. Conditions. A local government, to become and retain membership on the council, shall: a. Formally submit in writing a request for membership on the Council. b. Be approved by a majority of the member agencies. c. Comply with dues requirements as stated in the Bylaws. 3. Representation. Each member government shall be officially represented by a duly elected representative and an alternate, designated by the member government. 4. Withdrawal. A member government may withdraw its membership at any time by formally submitting in writing its intention to do so. 5. Dues. Membership dues to defray administrative operating expenses shall be assessed annually by the Council. The initial membership dues established by this amendment shall be Twenty-five and no/100 Dollars ($25.00) per annum. B. Ex-Officio Membership 1. Eligibility. Non-voting membership shall be open to public organizations located in Seminole County, and incorporated under the laws of the State of Florida. 2. Conditions. An ex-officio member that desires to become and retain membership on the council shall: a. Be nominated by a member of the Council. b. Be approved by a majority of the member agencies c. Not be subject to dues requirements. 3. Representation. The member organization shall be officially represented by an appointed representative and an alternate, designated by that member organization. 4. Withdrawal. A member organization may withdraw its membership at any time by formally submitting in writing its intention to do so. ARTICLE II Powers Of The Council In addition to the powers of the Council authorized by Chapter 163.02, Florida Statues, the Council shall have the power to: 1. Adopt a Council budget and membership fee schedules; 2. Adopt and amend bylaws; 3. Initiate, advise and aid in the establishment of cooperative arrangements, including interlocal agreements, among local governments in the region; 4. Make recommendations to any local governments or to other appropriate agencies or entities; 5. Propose amendments to inter-governmental agreements for ratification of members. ARTICLE III Council Organization 1. Voting. Each local government member will have one (1) vote on the Council; the representative and/or alternate shall be an elected official. 2. Quorum. A quorum of the Council shall consist of a simple majority of the total voting membership. 3. Meetings. The Council shall meet upon the call of its Chairman or any two (2) officers of the Council. Unless otherwise notified, the Council will meet on the first Wednesday of each month at the same time and place specified. 4. Committees. The Chairman shall have the power to appoint such committees as deemed necessary to carry out the Council's activities. 5. Elections and Duties of Officers. (a) All officers, consisting of a Chairman, a Vice-Chairman and a Treasurer, shall be elected from the voting membership at the last annual meeting by the members in good standing and shall hold office for two (2) years, beginning January 1st of the following year. (b) (1) The Chairman shall preside at all meetings. (2) The Vice-Chairman shall perform the duties of Chairman during his or her absences. (3) The Secretary/Treasurer shall perform the duties of Chairman in the absences of the Chairman and Vice-Chairman and shall be responsible for the accurate accounting of all financial transactions and timely reporting of the financial condition to the membership. ARTICLE IV Policy On Legislative Matters It shall be the policy of the Council to act only on legislation pertaining to the welfare of all its members. ARTICLE V Amendments These bylaws may be amended or krepealed4 at a regular meeting of the Council provided that a written notice shall have been sent to each member government ten (10) days in advance of meeting, which notice shall state in full the amendments or changes which are proposed to be made in such bylaws. Colleen Hufford, Chairman The below link to the February 2023 CALNO Meeting was entered into the record by Commissioner Ted Johnson February CALNO Meeting Video