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HomeMy WebLinkAbout2023 04 24 City Commission Regular Meeting Minutes CITY COMMISSION Incorporated REGULAR MEETING MINUTES 1959 MONDAY, APRIL 249 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,April 24,2023 of the City Commission to order at 6:46 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 via telephone Commissioner Cade Resnick, present Interim City Manager Phil Hursh, 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. No changes were made and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Not Used INFORMATIONAL AGENDA 200) Not Used PUBLIC INPUT Mayor McCann opened Public Input. Mr. John Horan, 7672 Wood Duck Drive, Winter Spring spoke in regards to the NRCS Projects and alternate funding sources. Mr. Joe Wallace, 227 Nandina Terrace, Winter Springs noted an anticipated proposal from the City and not having received anything related to the proposed sheet pile wall. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about the City Manager form of government and asked about designated area for people videoing meetings and identifying people. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs spoke about Howell Creek and the public good and entered his written comments into the record. Mayor McCann closed Public Input. CONSENT AGENDA 300) 2017 Aquatech BIO-1450 Combination Sewer &Vac Truck No discussion. 301) RFP 03-23-2 PH Grant Compliance Services -Award contract to Pegasus Engineering No discussion. 302) Resolution 2023-17 Adopting the International Holocaust Remembrance Alliance Working Definition of Antisemitism No discussion. 303) Approval of the Minutes from the Monday, March 13, 2023 City Commission Regular Meeting No discussion. 304) Approval of the Minutes from the Monday,April 10,2023 City Commission Workshop No discussion. 305) Approval of the Minutes from the Monday,April 10,2023 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA." 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. PUBLIC HEARINGS AGENDA 400) Ace Hardware Aesthetic Plan Review Mr. Matthew Linder, Planner I, Community Development Department presented the Staff Report related to the aesthetics approval considerations of a proposed Ace Hardware and noted Staffs recommendation of approval. Discussion followed on the leasable spaces depicted in the plan, the potential for a restaurant, and compatibility with the Town Center design. Mr. Wes McMillan, PO Box 1013, Oakland, Florida noted this would be fourth location of Ace Hardware that they were opening. In response to questions from the Commission, Mr. McMillan noted that he had primarily been working with City Staff and had no prior communication with anyone on the dais. Mayor McCann opened the Public Hearing for Item 400. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she thought the proposed design looked compatible with Town Center and thought Ace Hardware was a good addition to the City. Mr. Kevin Cannon, PO Box 795447, Winter Springs noted he thought it was awesome to have a business like this in the City. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE ITEM 400." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 401) The Community Development Department, Planning Division requests that the City Commission hold a Public Hearing to consider Evaluation and Appraisal Report (EARJ based amendments to the Comprehensive Plan (Ordinance 2023-03). amending the Comprehensive Plan related to the Conservation Element. Mr. Nick Tafelsky, Senior Planner, Community Development Department reviewed the staff report, noted the last update to the Conservation Element was in 2009, and noted no significant amendments were being made to the element. Mr. Tafelsky noted the removal of City air quality standards, additional language related to water conservation, and new policies related to sustainability and tree preservation. Discussion followed on impacts to stormwater changes, City tree canopy, and any additions or deletions to the Endangered Species Act that were reflected in the amendment. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2023-03 bytitle and reviewed the timeline related to state review and adoption hearing. Mayor McCann opened the Public Hearing for Item 407. Mr.Art Gallo, 799 Nandina Terrace, Winter Springs noted his involvement in the amendment process and noted suggestions that didn't make it in including soil enhancement, master valves for irrigation to prevent backflow, and measures related to establishing minimum irrigation standards. Mr. Kevin Cannon, Pox Box 795447, Winter Springs encouraged inclusion of the previously mentioned additions, especially soil enhancement. Mayor McCann closed the Public Hearing for Item 407. Discussion followed on the potential addition of suggestions noted by Mr. Gallo. Attorney Garganese noted that any addition would delay the transmittal hearing and explained that he thought these issues could be looked at outside of the Comprehensive Plan process. "MOTION TO APPROVE ITEM 401." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) NRCS Hurricane Ian Funding Interim Manager Hursh noted the City's work with Pegasus Engineering to secure funding, including for previously discussed sheet pile walls, noted tight timeline and the need for a decision to be made. Attorney Garganese opined on regulatory jurisdiction versus proprietary interest and land ownership, the inappropriate suggestion that infrastructure surtax funds, or any public funds, being expended on private property improvements, and public purpose test considerations. Discussion followed on the potential of deeding land to the City, the need for risk and financial assessments,the possibility of creating an assessment district and associated processes of assigning benefit, and the lengthy associated timelines. Mr. David Hamstra, Pegasus Engineering, shared concerns expressed by Attorney Garganese's concerns that the assessment was not guaranteed, noted survey, design, and permits were still required. Mr. Hamstra noted he thought the City could still pursue creek debris removal. Further discussion on the amount of time it took to create the Tuscawilla Lighting and Beautification District, Oak Forest Wall and Beautification District, associated legal challenges, and the need for resident buy-in. Discussion followed on federal fund prohibitions, appropriate use of infrastructure surtax money, property acquisition considerations, and potential benefits this project could provide to everyone around Lake Jesup. Mr. Hamstra noted discussions with St.Johns River Water Management District (SJRWMD) and the Florida Department of Environmental Protection (FDEP) about grant opportunities and explained that these could be pursued if the Commission provided direction. Mr. Hamstra also noted the SJRWMD would need to be part of any process along Howell Creek as they currently held some conservation easements. Interim Manager Hursh noted solutions which could be pursued without NRCS funding which could provide a similar benefit and cost less but have a shorter lifespan. Mayor McCann opened Public Input. Mr. Kit Kaminski, 572 Seminole Woods Boulevard, Geneva, noted he thought the issue was about protecting the waterway rather than individual property owners and therefore there was a clear public purpose. Mr. Kevin Cannon, PO Box 795447, Winter Springs, noted he thought it was a false narrative to focus on benefit to homeowners, thought it was public purpose, and asked about the possibility of reapplying for funding in a year. Interim Manager Hursh clarified that the NRCS funding was made available per qualifying event. Mr. Tim Wansbury, 749 Nandina Terrace, Winter Springs noted the course of action presented at the March 13th meeting, an upcoming annual HOA meeting, and concerns about maintenance responsibilities. Mr. Keith Lamotte, 709 Goshawk Terrace, Winter Springs, shared his frustration, asked who was leading the project, thought Seminole County should be involved, and thought the City should grant HOAs the money and have HOAs deed the property to the City and provide maintenance. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted discussion with NRCS representative, did not think time concerns were valid, spoke about County projects and funding, and discussed the potential deeding of property. Mr. Kevin McNamara 118 Goshawk Terrace, Winter Springs noted he thought the issue could be solved with the creation of a utility easement Mr. Joe Blondin, 327 Streamview Way, Creeks Run HOA President Winter Springs noted interest in deeding property, homeowner considerations, difficulty of not knowing exact costs, and plans to discuss options at the HOA meeting being held next Monday. Mayor McCann closed Public Input. Further discussion on creek maintenance responsibilities and consequences of inaction. "I MAKE A MOTION THAT THE CITY WORK WITH THE HOMEOWNERS ASSOCIATIONS (HOA) TO HAVE LAND CONVEYED TO US AS A DRAINAGE EASEMENT ALONG HOWELL CREEK ON BOTH HOWELL CREEK AND CREEKS RUN PROPERTY." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER COLANGELO. DISCUSSION. Discussion followed on timelines, possible prohibitions, a deadline for the HOAs to respond, and concerns about justifying the benefit to the whole city. Attorney Garganese noted if the Commission deemed there was a public purpose to acquire the property then it would be up to the Commission to determine appropriate projects. Interim City Manager Hursh shared his concerns about the time constraints associated with the NRCS funding and the potential further financial obligation the City would face should the proposed solutions not be completed in time. Further discussion about drainage easements,associated responsibilities related to construction and maintenance, and giving HOAs time to review the necessary documents and providing a timely response. VOTE: BENTON (AYE);COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. Attorney Garganese noted he would prepare a draft letter. "I MAKE A MOTION THATTHE CITYSEEKA DRAINAGE EASEMENT FROM EACH PROPERTY OWNER IN CHELSEA PARC ALONG HOWELL CREEK." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER COLANGELO. DISCUSSION. VOTE: BENTON (AYE);COLANGELO (AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. 501) Discussion on Fee Waiver for Pam Carroll Pavilion Mr. Brian Dunigan, Parks Manager, Parks and Recreation Department noted position of staff was that employees were not authorized to waive any fee as set by resolution. Discussion followed on the potential of assessing requests on a case by case basis. Commissioner Colangelo noted that the Faith and Blue organizers had decided to choose an alternate location. Further discussion followed on the deposit fees, associated Staff time with events, and other organizations ability to use City facilities. Mr. Dunigan noted an Interlocal agreement with certain schools for shared use of facilities Further discussion followed on concerns related to establishing a precedent of waiving fees, the purpose of the fee schedule, and what the fees cover. 502) Appointment Opportunities for City Boards and Committees No appointments were made. 503) New Business Deputy Mayor Elliott noted that he would like Attorney Garganese to review his proposed language changes to the ex parte communications rule and place this on a future agenda. Commissioner Resnick spoke about a multi-jurisdictional process related to GIS and stormwater and asked about the City's involvement. Interim Manager Hursh noted that the City had provided data to the County but was unaware of efforts involving other municipalities. Mayor McCann noted the Seminole County Planning and Zoning Meeting related to the proposed Tuskawilla Road self-storage project was scheduled for May 3rd. Mayor McCann noted his intention to attend this event and noted he therefore would not be able to attend the scheduled CALNO meeting. Brief discussion followed to determine if anyone could attend CALNO. REPORTS 600) Interim City Manager Phil Hursh • Reminded residents of ongoing paving contracts and noted that temporary delays to property access could be experienced. 601) City Attorney Anthony A.Garganese • Noted his ongoing work reviewing stormwater ponds throughout the City, the associated complexities, and mentioned that he had recently completed and shared his analysis related to Pond 59. 602)City Clerk Christian Gowan • No report 603) Seat Four Commissioner Cade Resnick • Thanked Phil for his work with residents; • Noted Cinco de Mayo was coming up and encouraged everyone to have fun responsibly; • Noted upcoming testing month for public schools and wished everyone good luck. 604) Seat Five Commissioner/Deputy Mayor Rob Elliott • Noted his attendance at the Senior Center Craft Show and ongoing participation in Leadership Seminole; • Noted May 41"was the National Day of Prayer and that the City Chaplains would be having an event outside City Hall that day at 7:30am. 605) Mayor Kevin McCann • Noted the upcoming Arbor Day event o Mr. Dunigan noted approximately 1200 trees would be delivered to residents between Wednesday and Saturday. • Noted upcoming events including Fish Winter Springs and an event at Running for Heroes. 606) Seat One Commissioner Matt Benton No report. 607) Seat Two Commissioner Victoria Colangelo • UCF Incubator breakfast (respond); Hometown Hill Day- are we getting a table or should I register individually? 608) Seat Three Commissioner Ted Johnson No report. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Maurice Kaprow, PO Box 19S223, Winter Springs thanked the Commission for their adoption of the resolution on anti-Semitism. Ms. Gina Shafer, Winter Springs Village, Winter Springs asked about plans for Wetlands Park and pumps, the timeline for the search for City Manager, and the possibility of QR codes at parks to share history. Mr. Randy Thompson, 108 Marsh Creek Cove, Winter Springs spoke about communication efforts and the need for clear information to present to HOAs. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted he was willing to hand deliver the Attoney letter to his HOA. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:54 P.M. RESPECTF LY SUBMITTED: J CH I TIAN D. GOWAN MPA CITY CLERK APPROVED: = z G J�� �+ MAYOR KEVIN McCANN 'A VoO NOTE: These Minutes were approved at the May 8,2023 City Commission Regular Meeting. CITY COMMISSION MINUTES REGULAR MEETING • . • • OF