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HomeMy WebLinkAbout2023 02 27 City Commission Regular Meeting Minutes i CITY COMMISSION Incorporated REGULAR MEETING MINUTES 1959 MONDAY, FEBRUARY 27, 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 27,2023 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 Deputy City Manager Casey Howard, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Pastor Jeff Dixon led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Items 303,304,and 309 on the Consent Agenda were asked to be discussed prior to approval. Mr. Gowan asked that an Item be added after Item 502 titled Discussion on Operations.There was no objection and the agenda was adopted with these changes. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Mayor McCann opened Public Input. Mr. David Florman, 770 East Bahama Road, Winter Springs spoke about the former Mayor, eminent domain, and other concerns. Mr. Mark Duplantis, 7590 Wrentham Court Winter Springs shared concerns about water trespass from Southern Oaks and damage to his home. Ms. Karen Meyer, 747 Andover Circle, Winter Springs thought Awards and Presentations should be presented at 6:30 during the Commission meeting, and spoke about meeting lengths and the start time. Ms. Christina Higley,Avery Park HOA President spoke about the proposed storage project, potential impacts on her community, and confusing information. Ms. Higley requested that everyone stick to the facts, help Avery Park compile statistics/facts and poke about attempted communications with her district commissioner. Ms. Jennifer Sickles, 777 Lakeside Drive, Winter Springs, discussed concerns about possible expired revitalization of HOA covenants. Mr. Bob Miller, 679 Silvercreek Drive, Winter Springs spoke about a previously discussed petition regarding Shore Road, the planned restoration of the road, and concerns about speeding and traffic. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about flooding in her community and noted she was opposed to a new proposed plan regarding Hickory Grove stormwater. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs requested that CALNO bylaws he had read at the previous meeting be incorporated into the minutes. Mr. Kevin Cannon, PO Box 795223, Winter Springs spoke about bridge repair efforts, flooding analysis of upstream impacts that he thought was needed, creek maintenance, and water volume during the storms Mayor McCann closed Public Input. CONSENT AGENDA 300) Surplus Assets No discussion. 301) FY 2024 Budget Calendar No discussion. 302) Resolution No. 2023-09 Extension #8 of the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery No discussion. 303) Rescission of Bid Award 2022-401 Mr. Philip Hursh, Director, Public Works Department noted the need to rescind the contract due to outdated prices in the intended piggyback contract. Attorney Garganese noted the City had previously awarded the contract, unit pricing was escalated, and some work for Winter Springs was not included in the contract and opined that material differences required a new competitive bidding process for this project.Attorney Garganese noted an ITB was to be issued. Discussion followed on anticipated delays and an updated timeline. Mr. Hursh explained that he expected an initial three to four week delayto gothrough the competitive bidding process, noted contractor scheduling still needed to be determined, and said that, once started,the project would take three to six months. 304) Shore Road Restoration Chief Matt Tracht acknowledged speed concerns on Shore Road were valid, commented on speed control devices previously implemented, and noted more were being ordered. Discussion followed on communications with residents, the difference between repairing and rebuilding,the previously mentioned petition from residents, and funding for the repair. Mr. Hursh confirmed that penny sales tax money would be used and the City would then request reimbursement through FEMA. Further discussion about life expectancy of repaired road, and differences between this project and the Northern Way bridges. Mr. Hursh noted exposed utilities and other public safety concerns necessitating the repair of Shore Road. 305) Updates to City Personnel Policy No discussion. 306) Winter Springs Defined Pension Plan Assumed Rate Of Return Modification No discussion. 307) AndCo Consulting - Fourth Addendum to Agreement for Investment Performance Monitoring and Advisory Services No discussion. 308) Approval of the Minutes from the Monday, January 30, 2023 City Commission Special Meeting No discussion. 309) Approval of the Minutes from the Monday, February 13, 2023 City Commission Regular Meeting Commissioner Johnson asked that the video clip from the February CALNO meeting be included in the meeting minutes and asked that CALNO bylaws also be entered into the record and included in the minutes. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (NAY);JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 4-1. PUBLIC HEARINGS AGENDA 400) Second Reading of Ordinance 2023-01 Repealing the Provisions of Chapter 2 Which Provide For a Set Time of Adjournment for Meetings of the City Commission Attorney Garganese read Ordinance 2023-01 by title. Mayor McCann opened Public Hearing for Item 400. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she thought meetings should be as long as necessary to complete the City's business. Mayor McCann closed Public Hearing for Item 400. "MOTION TO APPROVE ORDINANCE 2023-01 AMENDING CHAPTER 2 OF THE 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; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (NAY);JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE) MOTION CARRIED 3-2. Discussion followed on preparedness for meetings and consideration of Staffs time. REGULAR AGENDA 500) Design and Performance of Stormwater Management Systems - Part 3 Briefing Mr. David Hamstra, Pegasus Engineering, presented Part 3 of a presentation on stormwater design and standards. Reviewed current Code of Ordinances (Chapter 9) and noted lack of particular criteria for closed drainage basins. Rate and volume control considerations (9-241 (e)) that are required in the Code but not enforced with past development - open basin criteria, consistency among Seminole County and its municipalities. Mr. Hamstra then discussed five possible higher standards: (1) Critical Duration Analysis which he noted was currently used by the Florida Department of Transportation (FDOT); (2) Unit Peak Discharge; (3) Hydraulic Monitoring; (4) Matching Discharge Hydrographs, looking at controlling rate and volume; and (5) Future Extreme Rainfall. In regards to the Future Extreme Rainfall, Mr. Hamstra noted a Technical Memorandum from the South Florida Water Management District (SFWMD) applying a factor-based calculation dependent on region. Mr. Hamstra noted implementation of higher standards could discourage future development and anticipated benefits were not likely to be far reaching given that much of the City was already developed. Discussion followed on standards developed by St. Johns River Water Management District (SJRWMD), potential countywide initiatives and programs, and special basin criteria designations. Further discussion on retroactive application of higher standards and applicability to redevelopment. Several Commissioners expressed interest in the special basin criteria as a way to address issues throughout Seminole County. Mr. Hamstra noted with regard to special basin criteria that SJRWMD had a lengthy process and had not approved a special basin in manyyears. Mr. Hamstra thought the process could take two to three years from start to finish. Further discussion on current and future development,the location of most current flooding south of State Road 434, and retrofitting. Mr. Hamstra then provided an update on the FEMA workshop, noted 16 homeowners were still interested, and discussed a screening process prior to presenting projects for funding. Mr. Hamstra also noted that funding for Hurricane Ian had been published and Seminole County was to receive approximately$20.8 million. 501) Capital Improvement Plan (CIP) - Roadway Resurfacing, Pavement Markings and Calming Enhancements Mr. Hursh noted efforts by Staff to rank roads for resurfacing and explained the following roads were included in the current plan: Quail Nest Dr. (All) Sheoah Blvd. (S. Nighthawke Circle to SR 434) Sheppard Rd. (Sheoah Cir.To Sheoah Cir.) Hayes Rd. (Silver Creek to 434) Benchwood Dr. (WSB to Forest Creek) O'Day Dr. (Trotwood Blvd.to Trotwood Blvd.) Lamoka Ct. (All) Oswego Ct. (All) Olean Ct. (All) Winter Springs Blvd. (Northern Way to Howell Creek Bridge) Winter Springs Blvd. (Howell Creek Bridge to City Limits) Mr. Hursh noted that also included in this was planned installation of speed tables in the area of Sam Smith Park and the installation of four raised intersections along Winter Springs Boulevard. Mr. Hursh noted the project budget was $1,896,315.50 to cover resurfacing, striping, and the noted traffic calming devices. Mr. Hursh explained the money was coming from the Third Generation sales tax and work would begin within 30 days of approval by the Commission. Brief discussion followed about possible sidewalk construction in conjunction with the resurfacing. Mr. Hursh noted that any sidewalk construction would require a separate contractor. "MOTION TO APPROVE." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 502) Approval of First Modification to Development Agreement (Mattamy Homes - Hickor4 Grove Townhouse Project) Mr. Hamstra noted a proposal to direct stormwater from the Hickory Grove project to the City's Wetland Park rather than a previously approved pond and noted planned outfall improvements to Wetland Park which would assist with this project and impacts to Michael Blake Boulevard. Mr. Hursh discussed the planned design. Discussion followed on the developer's contribution to the project, benefits to Winter Springs Village, the elimination of the need for pumps, potential berms to mitigate the sheeting of water, efforts to avoid wetland impacts, and the anticipated timeline. Mr. Hamstra noted that the goal was to attain permits by late summer and an additional wet season of pumps would be required. Mr. Hamstra also noted that the berm would be designed to a 100-year storm event. Further discussion followed on the partnership between the City and Mattamy Homes, anticipated ground-breaking, and impacts of construction on water runoff. Mr. Hamstra explained that construction and silt barriers would be erected, clearing would be immediately followed by the digging of stormwater ponds, and utilities would be installed. Mr. Hamstra noted that it was not until impervious surfaces were installed that there could be any issue but noted that the City hoped to be implementing improvements by that time with the on-site ponds as additional protection. Mr. Scott Glass, 300 S Orange Avenue, Orlando noted a provision in the modification precluding Mattamy Homes from discharging at certain times and explained the project could be temporarily shut down if this provision was violated. Mayor McCann asked about ownership of a parcel adjacent to the Wetland Park and if it were subject to development. "MOTION TO APPROVE:" MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 502a) Discussion on Operations Mr. Gowan read a statement provided by City Manager Shawn Boyle noting his intent to retire from the City of Winter Springs. "I MAKE A MOTION THAT EFFECTIVE IMMEDIATELY WE RELEASE SHAWN BOYLE FROM HIS OBLIGATIONS AS CITY MANAGER OF THE CITY OF WI NTER SPRINGS AND DIRECT STAFF TO BRING AN AGENDA ITEM FORWARD FOR RECRUITING OF A NEW CITY MANAGER." MOTION BY DEPUTY MAYOR ELLIOTT.SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. Mayor McCann opened Public Input Mr.Art Gallo, 799 Nandina Terrrace, Winter Springs commented on the pressure associated with the job, thought Mr. Boyle was a great City Manager and it would be tough to fill his shoes. Mr. Bob Miller, 679 Silvercreek Drive, Winter Springs noted his previous experience on the dais, planned audits, comments on the political environment in the City, and urged everyone to work together. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she thought Mr. Boyle was a great working manager and a great man. Wished him the best. Commented on the political environment in the City. Ms. Donna Bruno, 599 Alton Road, Winter Springs noted she was saddened to hear the news, her work with him for manyyears, and commented on his commitment to the City. Ms. Sheila Benton, 474 Cedarwood Court, Winter Springs quoted Thomas Jefferson, noted Mr. Boyle's work in the City and thought he was treated unfairly. Mr. Kevin Cannon, PO Box 795223, Winter Springs noted he thought developmenVdevelopers were the issue. Noted staffing issues as a result of the political environment in the City. Mayor McCann closed Public Input. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. "I MAKE A MOTION TO APPOINT PHIL HURSH AS INTERIM CITY MANAGER SUBJECT TO CONTRACT NEGOTIATIONS WITH CITY ATTORNEY GARGANESE AND DIRECTION TO BEGIN A NATIONAL SEARCH FORA FULL TIME CITY MANAGER." MOTION BY DEPUTY MAYOR ELLIOTT.SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. Mayor McCann opened Public Input. Mr. William Morissey, 965 Sequoia Drive, Winter Springs thought Mr. Hursh was the best man for the job. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs thought Mr. Hursh was a good choice and would need a lot of help, hoped he wouldn't be subject to the some attacks. Mr. Kevin Cannon, PO Box 795223, Winter Springs noted he thought Mr. Hursh was the logical choice, the City Manager position could not remain vacant, and thought the search could take a while and needed to start as soon as possible. Ms. Gina Shafer, Winter Springs Village, Winter Springs thought Mr. Hursh was a good choice and the City needed a City Manager immediately. Mayor McCann closed Public Input. Discussion followed on if an Interim City Manager was needed immediately, the desire to make an informed decision,and if the Deputy City Manager could take on some of the duties. Deputy Manager Howard noted she was not interested in serving in the Interim role. Attorney Garganese noted the City Charter required a City Manager to act as administrative officer, that there needed to be someone in the role whether interim or otherwise. Continuing, Attorney Garganese noted the Deputy City Manager would have to consent to taking on additional duties. Attorney Garganese noted that in terms of moving forward, the Commission could look internally or externally to appoint someone on an interim basis,short-term or long-term dependent on the will of the Commission. Deputy Mayor Elliott noted he made a motion to appoint Mr. Hursh because of his experience as Public Works Director and the ongoing projects at the Wastewater plants. Further discussion followed on the need for someone to immediately take on the role of Manager in the interim and the potentially lengthy process of advertising and selecting a new permanent manager. Mr. Hursh noted he was willing to serve on an interim basis. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. "MOTION TO REMOVE THE PREVIOUS AUTHORIZED REPRESENTATIVES FOR BANKING AND CHECKING ACCOUNTS - DEPUTY CITY MANAGER CASEY HOWARD, CITY MANAGER SHAWN BOYLE,AND FORMER FINANCE DIRECTOR SCOTT BORROR-AND REPLACE THEM WITH INTERIM CITY MANAGER PHIL HURSH AND INTERIM DIRECTOR OF FINANCE DONNA BRUNO. ALSO TO HAVE ANTHONY PREPARE RESOLUTIONS TO REFLECT THIS CHANGE DESIGNATING PHIL AND DONNA AS AUTHORIZED REPRESENTATIVES TO EXECUTE DOCUMENTATION WITH FIFTH-THIRD AND REGIONS BANKS." MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. Brief discussion about required number of authorized representatives. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 503) Appointment Opportunities for City Boards and Committees No appointments were made. 504) New Business Commissioner Johnson asked about speed limits within Tuscawilla and noted he thought Winter Springs Boulevard should be reduced to 25 miles per hour to be consistent. Commissioner Johnson asked that a discussion on this topic be placed on a future agenda. Commissioner Colangelo noted discussions about a Florida Department of Environmental Protection grant she had with Mr. Boyle and asked Mr. Hursh to look into this. Commissioner Resnick asked that the Moss Park area be looked at for median revitalization. REPORTS 600) Interim City Manager Phil Hursh • Noted that he had received confirmation from FDOTthat the speed limit along State Road 434 throughout the City was being reduced to 45 miles per hour. 601) City Attorney Anthony A.Garganese No report 602)City Clerk Christian Gowan No report 603) Mayor Kevin McCann • Noted attendance at opening day of Babe Ruth baseball which was celebrating 30 years; • Noted Winter Springs High School had won the state weightlifting championship. 604) Seat One Commissioner Matt Benton No report 605) Seat Two Commissioner Victoria Colangelo • Noted her continued communication with constituents and her maintenance of a spreadsheet related to every resident she has spoken with. 606) Seat Three Commissioner Ted Johnson No report 607) Seat Four Commissioner Cade Resnick • Noted that water was the main issue he was concerned with and that he was not pro- development; CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, FEBRUARY 27, 2023OF 10 • Asked that the Commission get to know each other as a team and work cooperatively. 608) Seat Five Commissioner/Deputy Mayor Rob Elliott • Noted his attendance at Babe Ruth; • Noted his attendance at the Avery Park HOA meeting attendance and good discussion he had with Seminole County Commissioner Bob Dallari. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Gina Shafer noted her attendance at the Parks and Recreation Advisory Committee meeting, encouraged Commissioners to attend a meeting, and noted she thought a mother/son dance or event would be nice. Ms. Shafer also asked about changes to sandbag distribution and placing Hometown Heroes banners throughout the City. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted proposed agenda items for the CALNO meeting including the Seminole County Public School Interlocal Agreement and stormwater planning. Mr. Kevin Cannon, PO Box 19S223, Winter Springs spoke about concerns related to development within the City and the actions of some Commissioners. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:53 P.M. ,^ ' a��,at;�r3 `= 41Q `G RESPECT YSUBMITTED: ,� : �- / a� i,. CHRISTIAN D. GOWAN, MPA CITY CLERK f', •.•�� ,.•' �`� sC�11t�4�y APPROVED: �-ate MAYOR KEVIN McCANN NOTE: These Minutes were approved at the March 13,2023 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAR MEETING I . 10 February 27, 2023 Mayor and City Commission, It is my intent to retire from the City of Winter Springs.The emotional and physical distress that I have been under make me unable to continue working as the City Manager for the City of Winter Springs. I wish the best for you and City Staff.