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HomeMy WebLinkAbout2023 09 25 Consent 304 - Appproval of the Minutes from the Monday, August 28, 2023 City Commission Regular MeetingCONSENT AGENDA ITEM 304 CITY COMMISSION AGENDA | SEPTEMBER 25, 2023 REGULAR MEETING TITLE Appproval of the Minutes from the Monday, August 28, 2023 City Commission Regular Meeting SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the City Commission approved the August 28, 2023 City Commission Regular Meeting Minutes as presented. 329 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, AUGUST 14 , 2023 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 330 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 2 OF 9 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, August 28, 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. No changes were made and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Water and Wastewater Rate Study Mr. Bilal Iftikhar, Director, Utilities Department introduced the item and reviewed the City's water, wastewater, and reclaimed water infrastructure as well as utilities issues which he noted went beyond wastewater plants and reviewed a comprehensive plan to address drinking water improvements, water meters, wastewater, sanitary sewer and lift station improvements, reclaimed water improvements/extension and impacts related to the consumptive use permit. Mr. Iftikhar then reviewed historical trends for the City of Winter Springs, commented on the CPI not keeping track with operational expenses, and repair and maintenance needs. Finally, Mr. Iftikhar noted that proposed rates, if adopted, would put the City in the middle of the pack compared to surrounding communities, noted no decision was requested at this meeting, and his intention to bring back an item at a future meeting as well as provide regular progress reports. Mr. Joe Williams, Raftelis, 341 N Maitland Avenue, Maitland noted working on this project for some time, reviewed the project scope, key forecast assumptions, CIP funding plan, revenue sufficiency forecast, and findings/recommendations. Specifically, Mr. Williams explained that 2023-2029 was the forecast period and reviewed current revenues, loan considerations, the State Revolving Loan Fund (SRF), projected shortages at the current rate, and proposed rates. Mr. Williams recommended that the Commission consider adopting rate increases for the next five fiscal years and annually update the revenue sufficiency plan. Discussion followed on SRF restrictions, the need for Raftelis to stay on as consultants, the ability to adjust rates, impact fees, and impacts to resident’s bills. Mr. Iftikhar noted that rates would need to go up even if the capital improvement projects were not being considered. Further discussion followed on the CIP schedule for drinking water, reclaimed water supply, maintenance considerations, and surrounding communities and their associated rates. 331 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 3 OF 9 Mr. Iftikhar reiterated that no decision was being requested tonight and that this item would be brought back again before the Commission. INFORMATIONAL AGENDA 200. Not Used. PUBLIC INPUT Mayor McCann opened Public Input. Mr. David Florman, 170 E Bahama Road, Winter Springs noted his irregular driving habits, noted woods were cut out at Riunite Drive and asked about authorization of the clearing. Mr. Rudy Currier, 805 Leopard Trail, Winter Springs discussed his efforts to build a shed and a requested zoning change to allow building on his property line. Mayor McCann asked MS. Terrilyn Bostwick, Director, Community Development Department to reach out to Mr. Currier and discuss the issue. Ms. Gina Shafer, Winter Springs Village, Winter Springs discussed quality of streaming audio, spoke regarding Item 500, and noted that she thought additional streetscaping should be required for consistency. Dr. Kurt Miericke, 1820 Senecas Boulevard, President Tuscawilla Homeowners Association (THOA), noted appreciation for lowering the speed limit on Winter Springs Boulevard and shared the consensus of the THOA Board was a desire to keep the speed limit at 25mph. Mr. Anthony Bolyard, 1110 Pheasant Circle, Winter Springs noted he was a member of the THOA, he was in favor of the reduced speed limit on Winter Springs Boulevard, and encouraged keeping it at 25mph. Mr. Skip Arok, 1104 Pheasant Circle, Winter Springs noted he was in favor of keeping the speed limit at 25mph on Winter Springs Boulevard. Ms. Karen Meyer, 741 Andover Circle, Winter Springs spoke in favor of keeping the 25mph speed limit on Winter Springs Boulevard. Mr. Kyle Reineck, 679 Benitawood, winter Springs spoke in favor of the 25mph speed limit on Winter Springs Boulevard and requested a larger police presence. Mr. Reineck also inquired about the status of the speed limit reduction to 45mph on State Road 434. Mayor McCann closed Public Input. CONSENT AGENDA 300) FY 2022-2023 Mid-Year Budget Amendment No discussion. 301) Agreement with EssentialNet Solutions for Information Technology Managed Services No discussion. 302) Consideration of Amendment to Winter Springs Retirement System Investment Policy Statement 332 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 4 OF 9 No discussion. 303) Approval of the Minutes from the Monday, July 10, 2023 City Commission Regular Meeting No discussion. "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. PUBLIC HEARINGS AGENDA 400) Babyland Bilingual Academy Mr. Nick Tafelsky, Senior Planner, Community Development Department introduced the item and noted the applicant was seeking a Conditional Use to operate a daycare within an existing building. Mr. Tafelsky noted no concerns were expressed at the Community Workshop, the Planning and Zoning Board’s recommendation of approval, and Staff’s recommendation of approval with conditions listed in the Staff Report. Commissioners noted having read through the documents and no need for applicant presentation. Mayor McCann opened the Public Hearing for Item 400. Mr. Kyle Reineck, 679 Benitawood, Winter Springs asked about hearing the presentation. Mayor McCann closed the Public Hearing for Item 400. Ms. Marques Sampaio, 126 E State Road 434 Suite 1600, Winter Springs gave a brief presentation on the proposed Babyland Bilingual Academy facility, programs, and curriculum. "MOTION TO APPROVE ITEM 400.” [CONDITIONAL USE REQUEST FROM BABYLAND BILINGUAL ACADEMY TO OPERATE A DAYCARE WITHIN AN EXISTING BUILDING IN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 401) The Grove (IMPOWER) Mr. Tafelsky introduced the item, noted the applicant was seeking a conditional use related to a proposed expansion, and noted the applicant would be coming back at a future date for site approval. Mr. Tafelsky noted no concerns were expressed at the Community Workshop, the Planning and Zoning Board’s recommendation of approval, and Staff’s recommendation of approval with conditions listed in the Staff Report. Mayor McCann opened the Public Hearing for Item 401. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 401. 333 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 5 OF 9 "MOTION TO APPROVE.” [THE CONDITIONAL USE APPLICATION FOR THE PROPOSED EXPANSION TO THE GROVE.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 402) Second Reading of Ordinance 2023-06, Amending the City of Winter Springs Comprehensive Plan, Infrastructure Element and Capital Improvements Element relating to Stormwater Management and Levels of Service. Attorney Garganese read Ordinance 2023-06 by title, noted no comments were received from the State, and noted an intervening action related to SB250 resulting in several recitals being stricken. Attorney Garganese noted the corrected version of the Ordinance was provided today and further noted that any actions on land development regulations related to stormwater standards would be deferred or delayed until October 2024 because of SB250. Brief discussion followed on the ability to ask for voluntary compliance with enhanced stormwater design standards. Mayor McCann opened Public Hearing for Item 402. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 402. "MOTION TO APPROVE SECOND READING OF ORDINANCE 2023-06." MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 403) Second Reading Ordinance 2023-09 Extension of Duke Energy Florida LLC Franchise Agreement Attorney Garganese read Ordinance 2023-09 by title. Brief discussion followed and it was noted that it was not in the Commission’s authority to choose an electric provider. Mayor McCann opened the Public Hearing for Item 403. Mr. Kyle Reineck, 679 Benitawood Court, Winter Springs asked about Duke’s preparations for the expected hurricane and asked if any information could be shared. It was noted that the City website was a good resource to see storm preparation efforts and updates. Ms. Patty D'Allesandro, 677 Benitawood Court, Winter Springs – Representative of Duke Energy Florida , LLC - reviewed Duke Energy's preparation efforts for Hurricane Idalia. Mayor McCann closed the Public Hearing for Item 403 334 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 6 OF 9 "MOTION TO ADOPT ITEM 403, SECOND READING OF ORDINANCE 2023-09 EXTENSION OF THE DUKE ENERGY FLORIDA, LLC FRANCHISE AGREEMENT.” MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Non-Binding Presentation: Catalyst Development Partners Ms. Bostwick introduced Mr. Talbert Jackson, Senior City Planner briefly and then introduced the item and applicant for a non-binding presentation. Mr. Rob Meyer, Catalyst Development reviewed previous projects completed by Catalyst including the Blake Apartments, an opportunity to develop the property in accordance with the Live Local Act and the right to pursue multi-family on the parcel with minimal approvals from the City, and an alternate mixed-use plan presented for the Commission’s consideration and comment. Discussion followed on similar projects completed by the developer, surrounding properties, use of the stormwater pond, aesthetic comments, retail space and the desire for restaurants, estimated taxable income, school capacity, a potential learning center, the occupancy of the Blake Apartments, and the possibility of saving a large oak tree on the property. Attorney Garganese noted an existing Development Agreement that does not allow further multi- family development and explained that a modification would be required if the project were going forward. 501) UCF Winter Springs Incubator: Quarterly Report Presentation & 7th Modification to Economic Development Funding Agreement Ms. Bostwick introduced the item and Mr. Rafael Camaano, Site Manager UCF Incubator, 1511 E State Road 434, Winter Springs. Mr. Camaano noted great communication with Ms. Bostwick and thanked the Commission for their engagement. Mr. Camaano then presented the quarterly report for Quarters Two and Three, reviewed programs and services, noted 13 participating companies, and reviewed metrics. Mr. Camaano invited Mr. Tony Martinez to discuss his company, Timeplast, and the assistance and benefit of the UCF Incubator. Brief discussion followed on the different programs, the success of companies in the Incubator, and the requested funding amount. Mr. Camaano noted that he planned to come back before the Commission in December to present the annual report and noted that the current ask was for $50,000.00 for the upcoming fiscal year and the potential ask of $75,000.00 for fiscal year 2025. "MOTION TO APPROVE ITEM 501, THE 7TH MODIFICATION TO THE WINTER SPRINGS INCUBATOR FUNDING AGREEMENT.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) 335 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 7 OF 9 MOTION CARRIED 5-0. 502) Winter Springs Boulevard Speed Limit Discussion Commissioner Johnson noted he had previously requested the discussion on the speed limit and commented on the pushback received since the speed limit was reduced. Chief Matt Tracht, WSPD reviewed his responsibility related to traffic enforcement, shared data, and noted he was neutral on the final decision. Chief Tracht further discussed the unique nature of Winter Springs Boulevard, recent traffic calming enhancements, previous discussions and decisions. Discussion followed on development in Oviedo and potential impacts that could have on Winter Springs Boulevard and traffic, supportive comments made during Public Input, and the desire to keep collecting data and have Staff notify the Commission if the speed limit needed to be reassessed. No further action was taken. 503) Appointment Opportunities for City Boards and Committees COMMISSIONER JOHNSON NOMINATED MIGUEL MARTIN FOR THE AT-LARGE SEAT ON THE CODE ENFORCEMENT BOARD. SECONDED BY DEPUTY MAYOR ELLIOTT. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. COMMISSIONER JOHNSON NOMINATED KEVIN BOLTON FOR SEAT THREE OF THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. SECONDED BY COMMISSIONER RESNICK. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 504) New Business Commissioner Resnick asked that an item on annually recurring creek cleanup be brought back for discussion. Deputy Mayor Elliott asked to discuss Oak Forest water quality considering recent comments made on social media and a boil water advisory issued by a resident. Mr. Scott Richards, Carollo Engineers, noted there were no line breaks and no known issues with the plants related to the area. Mr. Richards encouraged residents to report issues directly to the City to allow for appropriate documentation, discussed reporting requirements, and noted that no issue had been able to be duplicated. Commissioner Johnson noted an email sent from Carollo representatives documenting their efforts and Deputy Mayor Elliott asked if the Florida Department of Environmental Protection (FDEP) was taking any action related to the unauthorized boil water notice. Ms. Meera Joshi, Carollo Engineers, noted she had conversations with FDEP and described the atypical nature of the situation. Ms. Joshi also noted that FDEP was looking into the legality of the issue. Commissioner Benton read from the Government in the Sunshine Manual regarding social media postings and Attorney General Opinion 2008-07 and asked that an item be brought forward at a future meeting to discuss responsibilities related to private websites and social media. 336 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 8 OF 9 Commissioner Colangelo asked that an item be brought to the next meeting regarding the City’s Social Media Policy and the possibility of opening comments on the City’s Facebook page. REPORTS 600) Interim City Manager Phil Hursh • Noted he would be on vacation from September 1 through September 11, discussed the Charter requirement related to an Acting City Manager, and noted he had asked Mr. Iftikhar to serve in his absence. There was no objection. • Noted discussions with Seminole County regarding Hurricane Idalia and City operations. • Noted repairs on North Tuskawilla Road were underway. 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 603) Seat Four Commissioner Cade Resnick • No report 604) Seat Five Commissioner/Deputy Mayor Rob Elliott • No report 605) Mayor Kevin McCann • Noted his attendance at the recent Mayor and Manager meeting where the discussion was focused on the penny sales tax. • Noted attending an opening of Orlando Regional Medical Center Jewett Orthopedic Hospital. 606) Seat One Commissioner Matt Benton • No report. 607) Seat Two Commissioner Victoria Colangelo • Noted discussions with Johnson Controls and their interest in a public-private partnership. • Noted her ongoing conversations and efforts related to erosion concerns. 608) Seat Three Commissioner Ted Johnson • No report PUBLIC INPUT Mayor McCann opened Public Input. Ms. Gina Shafer, Winter Springs Village, Winter Springs asked about the status of the Comprehensive Plan and grant impacts and also asked that the City take the socks out of the drain on Michael Blake Boulevard prior to the storm. 337 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 1 0 , 2023 | PAGE 9 OF 9 Ms. Bostwick noted that the Comprehensive Plan was current and did not impact the City’s eligibility for grant funding. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 10:07 p.m. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the_____________________, 2023 City Commission Regular Meeting. 338