HomeMy WebLinkAbout_2023 11 16 City Commission Regular Meeting Minutes
CITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, NOVEMBER 16 , 2023 AT 6:30 PM
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, November 16, 2023 of the City
Commission to order at 6:33 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
Interim City Manager Phil Hursh, present
City Attorney Anthony 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. Commissioners asked that Items 301
and 302 be discussed prior to the approval of the Consent Agenda, and Commissioner Resnick
requested that Item 305 be pulled from the Consent Agenda and added to the Regular Agenda. There
was no objection, and the agenda was adopted.
AWARDS AND PRESENTATIONS
100) American Legion Expansion presentation
Captain Laurel Ross shared a presentation about the American Legion Oviedo Memorial Post 243
Heritage Campaign and shared how Winter Springs could assist with funding.
Brief discussion followed on information that could be provided and shared, the variety of programs
the American Legion offered, and previous partnerships with the organization including flag drop
boxes.
INFORMATIONAL AGENDA
200) Current Development Projects Summary
No discussion.
201) Quarterly Investment Performance Review - September 30, 2023
No discussion.
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about planned tree removal on No
Name Creek, impacts of the proposed utility rate increase, and thought the meetings were too long.
Mr. Cory Sill, 963 Sequoia Drive, Winter Springs shared his background, discussed water quality and
efforts by his neighbors to highlight and address issues.
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Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs shared the Winter Springs Community
Association held a successful Veterans Day event, echoed comments of Mr. Sill and noted contact
with the Florida Department of Environmental Protection, and discussed efforts to target a declared
candidate.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs spoke against granting any salary increase
to the Interim City Manager and asked that the City Manager provide regular updates about city
operations at Commission meetings.
Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke in opposition to Item 500 and noted
she was opposed to granting conditional uses.
Mayor McCann closed Public Input.
CONSENT AGENDA
300) Surplus Assets
No discussion.
301) Final Budget Amendment for Fiscal Year 2022-2023
Ms. Donna Bruno, Interim Director, Finance Department explained that budget amendments were
required occasionally to keep revenues and expenditures aligned and noted for this amendment,
actual revenues had exceeded estimated revenues in the previous Fiscal year.
302) 2024 Meeting & Holiday Calendar
There was brief discussion about proposed meetings in May 2024 on the first and third Monday of the
month to account for Memorial Day, and a correction to an advisory board meeting time was noted
in November 2024.
303) Consideration of Friday, December 29, 2023 as Additional Paid Holiday for City Employees
No discussion.
304) Award of the Water Treatment Plant No. 3 Electrical Improvements ITB #08-23-03 BI
No discussion.
305) First Addendum to Interim City Manager’s Employment Agreement
* THIS ITEM WAS PULLED FROM THE CONSENT AGENDA AND DISCUSSED AS ITEM 502A; IT IS NOT
INCLUDED IN THE APPROVAL OF THE CONSENT AGENDA. *
306) Appproval of the Minutes from the Tuesday, October 17, 2023 City Commission Workshop
Meeting
No discussion.
307) Appproval of the Minutes from the Saturday, October 21, 2023 City Commission Workshop
Meeting
No discussion.
"MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED
BY COMMISSIONER JOHNSON. DISCUSSION.
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VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
PUBLIC HEARINGS AGENDA
400) Hickory Grove - Final Plat and Second Modification to the Development Agreement
Mr. Nick Tafelsky, Senior City Planner, Community Development Department reviewed the item was
for consideration of the final plat and the Second Modification to the Development Agreement which
dealt with the relocation of a reclaimed water line, ensuring consistency with work already being
done.
Mayor McCann opened the Public Hearing for Item 400.
Responding to a question from the Commission, Attorney Garganese noted there was no issue with
Ms. Shafer serving on the Planning and Zoning Board and speaking on this item.
Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about trucks in and out of the
construction site on North Tuskawilla and asked about ways to avoid that heavy traffic on the
recently repaired road.
Brief discussion followed on language in the Development Agreement requiring the use of Bear
Springs Lane, the current work being done requiring limited usage, and the Construction Inspectors
monitoring of the project.
Mayor McCann closed the public hearing for Item 400.
"MOTION TO APPROVE.” [THE FINAL PLAT AND SECOND MODIFICATION TO THE DEVELOPMENT
AGREEMENT FOR HICKORY GROVE.] MOTION BY COMMISSIONER RESNICK. SECONDED BY
COMMISSIONER BENTON. DISCUSSION.
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
401) First Reading of Ordinance 2023-13: Amending the Code Of Ordinances Regarding Water,
Wastewater, Reclaimed and Water Rates, Fees, and Charges
“MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER RESNICK. SECONDED BY
COMMISSIONER JOHNSON. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinance 2023-13 by title.
Mayor McCann opened the Public Hearing for Item 401.
Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted his review of water rates and impacts
resulting from the proposed new rate, not including stormwater and solid waste increases, and.
wanted to make sure this amount was what was really needed.
Mayor McCann closed the Public Hearing for Item 401.
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Discussion followed on the many projects underway and upcoming , the need for the proposed rates
to cover necessary debt and expenses, and special revenue and enterprise funds.
"MOTION TO APPROVE ITEM 401 AS PRESENTED." MOTION BY COMMISSIONER RESNICK.
SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
402) Second Reading of Ordinance 2023-10 Regarding Level 2 Background Checks.
Attorney Garganese read Ordinance 2023-10 by title for second reading and reviewed previous
discussion.
Mayor McCann opened the Public Hearing for Item 402.
No one addressed the Commission.
Mayor McCann closed the Public Hearing for Item 402.
"MOTION TO APPROVE.” MOTION BY COMMISSIOENR RESNICK. SECONDED BY COMMISSIONER
JOHNSON. DISCUSSION.
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
REGULAR AGENDA
500) Conditional Use Permit Processing Agreement - Catalyst Development Partners, LLC
Ms. Terrilyn Rolle, Director, Community Development Department noted Catalyst was back before the
Commission to ask for a reconsideration of granting the Conditional Use Permit Processing
Agreement. Ms. Rolle further reviewed the current Development Agreement, associated restrictions,
and the listing of apartments as a conditional use in the Town Center.
Mr. Jorge Sardinas, Catalyst Development Partners LLC, reiterated that they were seeking approval to
go forward with seeking a conditional use rather than any project approval at this time. Mr. Sardinas
reviewed the mixed-use concept plan for the site designed similarly to the Blake which he noted was
very successful. Mr. Sardinas further reviewed historical commercial efforts associated wi th the
property and thought the highest and best use was the mixed-use concept being proposed.
In response to a question from the Commission, Attorney Gargaense noted there was no issue with a
realtor speaking on behalf of an applicant.
Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs spoke about the original vision of the Town
Center, retail demand for the property or lack thereof, and distributed a copy of his comments for the
record.
Mr. Jorge Sardinas offered closing comments and reiterated that the proposed project was in keeping
with the Town Center vision an reiterated he thought this was the highest and best use.
Discussion followed on the difference between townhomes and apartments, density considerations,
the possibility of exclusively commercial use in the future, resident’s concerns about apartments , and
rapid apartment developments in neighboring communities.
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Mr. Sardinas and Mr. Partyka commented that residential development drove commercial
development and the need for people and traffic to attract desired businesses and amenities.
NO MOTION WAS MADE.
Mr. Sardinas asked for further feedback from the Commission on what they wanted on the property
and brief discussion followed on the desire for commercial development and a preference for
townhomes rather than apartments.
501) One-Year Extension to the “Agreement for Utilities Operations, Maintenance and
Management Services” contract, dated October 21st, 2019.
Mayor McCann spoke about Veolia's work to help the City improve water quality, commented on staff
shortages, and thought this was not the time to make drastic changes.
Interim Manager Hursh noted the current contract's expiration in September 2024, the breadth of the
contract time required to go through the procurement process if the Commission did not want to
continue with Veolia. Interim Manager Hursh noted he was seeking a one year extension to allow for
comfort in having people present, time to tackle the situation correctly, and avoid a gap in service.
Mr. Bilal Iftikhar, Director, Utilities Department noted his six-month tenure with the City and a good
working relationship with Veolia, noted he thought stability was important at this time, and noted he
hoped to have a design contract before the Commission in December.
Discussion followed on staffing, Mr. Iftikhar’s experience, cost savings from outsourcing, the contract
extension’s preservation of current fees, the timing of this request and who initiated the
conversations, the desire for stability, and comments and concerns about communication from the
City Manager’s Office.
"MOTION TO APPROVE ITEM 501." MOTION BY CADE RESNICK. SECONDED BY TED JOHNSON.
DISCUSSION.
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
502) City Manager Candidate Draft Itinerary
Mr. Gowan noted previous direction to work with Korn Ferry regarding a draft itinerary for the in-
person meeting with the candidate for City Manager and asked for further direction.
Discussion followed on the proposed full day of meetings, the candidate’s travel plans, and the need
for a Special Meeting to hold a vote on the manager candidate.
After further discussion it was requested to tentatively schedule a Special Meeting on November 30th
at 6:30pm to vote on the candidate dependent on some Commissioner’s confirming their availability.
502a) First Addendum to Interim City Manager’s Employment Agreement
Mayor McCann noted the 3.2% cost of living adjustment that was being provided to Staff and the
intent of this item to afford that same adjustment to the Interim City Manager. Mayor MCCann then
reviewed city manager pay rates in the region and how this proposed rate compared .
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Discussion followed on the previous manager’s lack of raises and evaluations, and communication
and respect with regards to the Interim City Manager.
"MOTION TO APPROVE FIRST ADDENDUM TO INTERIM CITY MANAGER'S EMPLOYMENT
AGREEMENT." MOTION BY MATT BENTON. SECONDED BY ROB ELLIOTT. DISCUSSION.
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE)
MOTION FAILED 3-1.
Attorney Garganese noted that the motion did not pass as the Charter required a supermajority with
matters related to the City Manager position.
503) Appointment Opportunities for City Boards and Committees
COMMISSIONER RESNICK NOMINATED DESMA UNDERWOOD TO SERVE AS AN AT-LARGE
REPRESENTATIVE ON THE PARKS AND RECREATION ADVISORY COMMITTEE. SECONDED BY
COMMISSIONER JOHNSON. DISCUSSION.
*It was noted that no application had been received yet and this appointment was contingent on an
application being submitted and the candidate meeting all qualifications. *
VOTE: BENTON (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 4-0.
504) New Business
Mayor McCann noted he received a letter from the Consulate General of Israel and read it into the
record related to recently approved resolution in support of Israel.
Deputy Mayor Elliott asked if there was interest in creating a code of conduct for Board Members in
line with the Commission's code of conduct. Discussion followed on current rules, the fact that board
and committee members serve at the pleasure of the Commission, and freedom of speech concerns.
After further discussion, it was agreed that the City Attorney should bring back guidelines for the
Commission’s consideration and further direction.
Interim Manager Hursh noted contact with an appraiser and an environmental assessment being
conducted on the Winter Springs golf course property. Interim Manager Hursh noted that the
environmental assessment would need to be completed prior to any further discussion of purchasing
the property and noted there was a possibility of building the wastewater treatment plant expansion
on the current site at a higher cost and a longer timeline.
Commissioner Resnick asked that documentation of existing partnerships with local organizations
and other groups be put together and brought before the Commission.
Mr. Brian Dunigan, Director, Operations Department confirmed that there was no standing
agreement for events and after brief discussion noted that the Recreation and Events Manager
probably would lead the charge and he would assist to provide this information at a future meeting.
Commissioner Resnick requested a plan for waterways be presented during the first quarter.
REPORTS
600) Interim City Manager Phil Hursh
• No report
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601) City Attorney Anthony A. Garganese
• Noted HB1C was passed and signed into law as a result of a recent Special Session of the Florida
Legislature and amended SB250 related to moratoriums and land development regulation
changes. He noted that previously considered stormwater design standards could now be
brought back for consideration and second reading.
602) City Clerk Christian Gowan
• No report
603) Seat Three Commissioner Ted Johnson
• Noted Veteran’s Day event was well done and congratulated the Hometown Hero, Ms. Laurel
Ross.
604) Seat Four Commissioner Cade Resnick
• Noted Veteran’s Day event was well done and thanked Interact students from Winter
Springs High School for their assistance;
• Noted the upcoming Winter Springs Music Festival in Central Winds Park;
• Wished everyone a Happy Thanksgiving.
605) Seat Five Commissioner/Deputy Mayor Rob Elliott
• Echoed Veteran’s Day event comments and thanked Michael Krist and Hannah Kirsch for their
work. Further offered compliments to the violin group that performed and was glad everyone
came together to celebrate veterans.
606) Mayor Kevin McCann
• Noted attendance at MetroPlan, Tri-County League of Cities, and a Leadership Seminole event
where he had a chance to speak about building bridges between communities;
• Noted upcoming Central Winds Music Festival;
• Noted he was recently in Tallahassee meeting with legislators, sharing information, and
thought he was well received.
607) Seat One Commissioner Matt Benton
• Noted his continued attendance at Leadership Seminole and a request related to a potential
Commission presentation;
• Noted attendance at the Tri-County League of Cities and an informative presentation on the
Form 6;
• Wished everyone a Happy Thanksgiving.
608) Seat Two Commissioner Victoria Colangelo – ABSENT
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about her community's flood risk and
encouraged continued maintenance of creeks.
The following was provided for the
record by Mr. Paul Partyka during
discussion of Item 500 at the November
16, 2023 City Commission Regular
Meeting
The following was referenced and entered into the record by Mayor Kevin McCann during discussion of Item 502a (previously Consent 305) at the November 16, 2023 Regular Meeting of the City Commission