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HomeMy WebLinkAbout_2023 07 10 City Commission Regular Meeting Minutes CITY COMMISSION REGULAR MEETING MINUTES MONDAY, J ULY 1 0 , 2023 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 2 O F 9 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, July 10, 2023 of the City Commission to order at 6:35 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 Garganese, present Assistant City Clerk Tristin Motter, present Pastor Kyle Stewart led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Commissioner Benton asked that Item 303 be pulled for discussion. Commissioner Resnick asked that Items 300 and 301 be pulled for discussion. There were no objections and the agenda was adopted. AWARDS AND PRESENTATIONS 100) 2023 State of the City Message Mayor McCann introduced the item and then showed the 2023 State of the City video. Mayor McCann noted that the video would be shared on the City website and social media accounts. 101) City Lobbyist Presentation Mr. Andrew Kalel, Sunrise Consulting Group, Tallahassee, Florida gave an overview of the state budget, policy highlights, and reviewed new legislation that could affect the City. Mr. Kalel briefly discussed the next legislative session and sought input from the Commission on what funding he should pursue. Interim Manager Hursh suggested looking into grants for the wastewater plant replacement project. The Commission and Staff agreed to develop and share a list of funding priorities. INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. PUBLIC INPUT Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs noted he appreciated the work done by the lobbyist, encouraged the Commission to think big, and spoke in favor of Item 501. Mr. Michael Blake, 711 Canadice Lane, Winter Spring spoke in relation to Item 501, relayed he was on the Commission at the time of the approved Ordinance related to gas stations and distancing requirements, and noted there was an intent in passing that rule. Ms. Frances Bedner, 236 Highland Glen Circle, Winter Spring brought forth a concern regarding a neighbor’s yard not being kept up. C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 3 O F 9 Mr. Art Gallo, 199 Nandina Terrace, Winter Springs spoke regarding the City's reclaimed water lines asked to have a discussion regarding the reclaim water and what the City's plan with more persons being added the reclaim lines. The City might want to create an ordinance relating to an impact fee to join reclaim Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs expressed concern regarding bullying and asked that the Commission address allegations made against the former City Manager on social media. Ms. Gina Shafer, Winter Springs Village, Winter Springs asked the Commission to look into the UCF Incubator and encouraged getting a business plan from them. Ms. Shafer additionally thanked the Mayor for the State of the City video. Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs spoke regarding Item 501 and discussed the reasons for the previously approved Ordinance related to gas stations and distancing requirements. Mr. William Morrissey, 965 Sequoia Drive, Winter Springs spoke in favor of Item 501. CONSENT AGENDA 300) Robert Half Temporary Services - Procurement Manager Commissioner Resnick asked about the need of this position and asked if the person currently serving as a temporary employee was interested in becoming full time with the City. 301) Pegasus Engineering Civil Engineering Continuing Services - FY22/23 General Stormwater Engineering Support Services Commissioner Resnick asked about getting a full-time employee for this position. Brief discussion followed on the topic with no further direction provided. 302) Approval of the Monday, June 12, 2023 City Commission Workshop Minutes No discussion. 303) Approval of the Monday, June 12, 2023 City Commission Regular Meeting Minutes Commissioner Benton asked to make a correction to the minutes under New Business and shared the language he thought should have been included. There was no objection and the Commission agreed to have the Clerk amend the minutes and bring them to the next meeting for approval. "MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 303." MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPITY MAYOR ELLIOTT. 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 No. 2023-02: 1333 Highway 17-92 Voluntary Annexation of real property owned by Florida Auto Auction Properties, LLC. Attorney Garganese read Ordinance 2023-02 by title. Discussion followed on concerns related to contamination, the property owner’s motivation for annexation, and the possibility of waiting to annex the property until the cleanup was completed. C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 4 O F 9 Commissioner Colangelo relayed conversation with a mitigation specialist and detailed reasons that she would vote in favor of this annexation. Mr. Jim Willard, Shutts & Bowen, 300 South Orange Avenue, Orlando, representative of Florida Auto Auction Properties, noted the cleanup would be fully funded by the Environmental Protection Agency (EPA) and reiterated the City had virtually no liability. Further discussion followed on wells and the applicant’s willingness to forgo affordable housing development for a period of ten years. Mr. Willard noted the property owner had no intention of pursuing any residential land use at this time. Mayor McCann opened the Public Hearing for Item 400. Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs expressed concerns and noted he was opposed to the proposed annexation. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about the possibility of residential development on the parcel. Mayor McCann closed the Public Hearing for Item 400. Mr. Willard noted there would be covenants prohibiting residential use while the site is still contaminated "MOTION TO APPROVE.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER COLANGELO. DISCUSSION. VOTE: BENTON (NAY); COLANGELO (AYE); JOHNSON (NAY); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 3-2. 401) Approve the Second Reading/Adoption of Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan (Ordinance 2023-03), amending the Comprehensive Plan related to the Conservation Element. Attorney Garganese read Ordinance 2023-03 by title. Mayor McCann opened the Public Hearing for Item 401. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 401. "MOTION TO APPROVE” [THE SECOND READING/ADOPTION OF EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COMPREHENSIVE PLAN (ORDINANCE 2023-03), AMENDING THE COMPREHENSIVE PLAN RELATED TO THE CONSERVATION ELEMENT.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 5 O F 9 402) First Reading of Ordinance 2023-08 Amending the City of Winter Springs Code of Ordinances, Section 2-30 Regarding the Procedures used by the City Commission for Disclosing Ex-Parte Communications Deputy Mayor Elliott introduced the item and noted that the proposed changes in the ordinance would make the City’s process more consistent with Seminole County. Attorney Garganese clarified the Ordinance would establish a firm line on when ex-parte communication rules would apply, noted this would be when an application was filed with the City, and would require the Clerk to maintain a log to make disclosure easier for the City Commission. "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Mayor McCann opened the Public Hearing for Item 402. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 402. Brief discussion followed on when ex-parte communications should be provided to the Clerk. Attorney Garganese noted that best practice would be to provide the disclosure(s) as soon as possible. "MOTION TO APPROVE FIRST READING OF ORDINANCE 2023-08." MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Digital Billboard Conversion Agreement Ms. Terrilyn Bostwick, Director, Community Development Department introduced the item and invited questions. Discussion followed on a previous Code Enforcement violation, the size of the sign, and the possibility of adding City advertisements to the sign. "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. 501) Non-Binding Review: Winter Springs Marketplace Corner Lot Mr. Nick Tafelsky, Senior City Planner, Community Development Department opened the item and gave a brief overview of the applicant’s proposal. Mr. Ryan Stahl, Equinox Development presented the concept of a gas station/convenience store location at the corner of Tuskawilla Road and State Road 434, asked that the Commission consider C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 6 O F 9 eliminating or waiving the distancing requirements for this project, and noted that the only other interest he has received in the property has been from fast-food restaurants. Discussion followed on the desire for a sit-down restaurant and the difficulty in attracting certain establishments given population and traffic. Further discussion followed on the potential of eliminating the distance requirements, what went into the decision to enact the previous ordinance, protecting the intersection, and the need for healthy competition. *MAYOR MCCANN REQUESTED A TWO-MINUTE RECESS STARTING AT 9:11 P.M.* *THE MEETING RESUMED AT 9:16 P.M.* 502) Waste Pro Annual Performance Review Ms. Bruno introduced the item and noted a typographical error in the agenda item. MS. Bruno announced that Waste Pro had received a 91.2% satisfaction. Ms. Bruno further relayed that Staff had reached out to address customer concerns that came up in the survey and that Waste Pro had been very responsive. Brief discussion on survey cost. "MOTION TO APPROVE.” [AFFIRMING THE SOLID WASTE SURVEY RESULTS AND APPROVE WASTE PRO, OUR SOLID WASTE FRANCHISEE, TO RECEIVE THE PERFORMANCE BONUS OF $15,000 (LESS SHARED SURVEY COST), AND ALSO RECEIVE THE ANNUAL EVALUATION REPORT FOR WASTE PRO FOR THE PERIOD OF MARCH 1, 2022 - FEBRUARY 28, 2023 AS SUBMITTED BY STAFF.] 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. Ms. Susie Dolan, Waste Pro thanked the City for their partnership. 503) Budget Overview and Proposed Operating Millage Rate for Fiscal Year 2023-2024 Ms. Bruno introduced the item. Discussion followed on the budget process, the status of the Annual Comprehensive Financial Report (ACFR) and any impact that could have on the millage or decision-making process, and anticipated rate studies. Ms. Bruno asked that any proposed changes be forwarded to Interim Manager Hursh for consideration in the Tentative Budget. "I MAKE A MOTION TO ADOPT RESOLUTION 2023-23 SETTING THE PROPOSED MILLAGE RATE AS 2.4100 MILLS AND ESTABLISHING THE ROLLED BACK MILLAGE RATE AT 2.2085 MILLS AND TO ESTABLISH THE DATE, TIME AND PLACE FOR A PUBLIC HEARING REGARDING THE ADOPTION OF THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET AS SEPTEMBER 11, 2023 AT 6:30 PM AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. " MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER BENTON. DISCUSSION. C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 7 O F 9 VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 504) 3rd Generation Infrastructure Surtax - Revised Project List Ms. Bruno introduced the item and noted Staff’s request to update the project list to include utility projects. Discussion followed on an updated City ledger, a review of what Third Generation Sales Tax money could be used for, the anticipated amount of money that would be left over at the end of Fiscal year 2024, and the potential of using these funds for NRCS projects. Attorney Garganese noted that the money could not be used for improving private property. "MOTION TO APPROVE.” [THE REVISED LIST ATTACHED TO AMEND IT AS DEEMED NECESSARY AND TO AUTHORIZE THE INTERIM CITY MANAGER AND CITY ATTORNEY TO PREPARE AND EXECUTE ANY AND ALL APPLICABLE DOCUMENTS.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 505) Hazardous Mitigation Grant Program (HMGP) Discussion Mr. David Hamstra, Pegasus Engineering relayed the results of the City Manager letter regarding the City's position on the HMGP FEMA project relating to the 25% buy in and the City's not wanting to participate. Interim Manager Hursh asked that the Commission provide further direction. Discussion followed on Seminole County’s plans to cover the 25% match for certain properties, elevation versus demolition options, anticipated costs, the number of homes in question, and concerns about fairness. There was no interest in covering elevation costs. "MOTION TO APPROVE THE CITY TO COVER THE COST OF ACQUISITION AND DEMOLITON (25% MATCH)." MOTION BY COMMISSIONER RESNICK. MOTION DIED FOR LACK OF A SECOND. Mr. Hamstra noted that he would inform the residents. 506) Discussion on the Seminole County Inspector General Audit of Inter-local 3rd Generation 1 Cent Tax Allocation Mayor McCann discussed the Seminole County Audit results and entered the "County Attorney's Office Memorandum" related to the penny sales tax into the record. Mayor McCann then reviewed Florida Statutes regarding the penny sales tax and expressed support for the penny sales tax and the benefit it provided. Ms. Bruno discussed Florida Statutes defining public infrastructure. In response to a question from the Commission, Ms. Bruno clarified that a disputed $2,000,000.00 was never used for maintenance. Discussion followed on allowable uses for the funds, what third generation sales tax revenues had been used on to date, concerns with how the audit was handled, a potential investigation of the C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , JULY 1 0 , 2 0 2 3 | P A G E 8 O F 9 507) Designation of Voting Delegate to 2023 Florida League of Cities Annual Conference "MOTION TO APPROVE MAYOR McCANN AS VOTING DELEGATE." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. "MOTION TO APPROVE COMMISSIONER RESNICK AS ALTERNATE VOTING DELEGATE." MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER COLANGELO. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 508) Appointment Opportunities for City Boards and Committees; Florida League of Cities Legislative Policy Committees "MOTION TO APPOINT RACHEL HOOD TO THE PLANNING AND ZONING BOARD.” MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. Discussion followed on Florida League of Cities Legislative Policy Committees and which of the five (5) committees each Commissioner would like to serve on. The following was agreed upon by the Commission: Mayor McCann – Finance, Taxation, and Personnel Committee Commissioner Benton – Municipal Administration Committee Commissioner Colangelo – Utilities, Natural Resources, and Public Works Committee Commissioner Johnson – Land Use and Economic Development Committee Commissioner Resnick - Transportation and Intergovernmental Relations Committee 509) New Business Deputy Mayor Elliott noted hearing widespread opposition related to the Winter Springs Boulevard speed limit reduction. Brief discussion followed on the rationale for the reduction and the possibility of changing the speed limit back to 30 miles per hour. Commissioner Resnick asked about rewriting the Joint Planning Agreement (JPA) and asked for a discussion to be held at the next meeting related to annexing the Tuskawilla Road Storage Facility if it closed. REPORTS 600) Interim City Manager Phil Hursh • Noted the City had received the bids for creek debris removal. o Commissioner Colangelo requested that a Special Meeting be held to award the bid. The Commission agreed to schedule a Special Meeting for Monday, July 17, 2023 at 6:30 p.m. 601) City Attorney Anthony A. Garganese • No report