HomeMy WebLinkAbout2023 10 23 Consent 310 - Appproval of the Minutes from the Monday, October 9, 2023 City Commission Regular MeetingCONSENT AGENDA ITEM 310
CITY COMMISSION AGENDA | OCTOBER 23, 2023 REGULAR MEETING
TITLE
Appproval of the Minutes from the Monday, October 9, 2023 City Commission Regular
Meeting
SUMMARY
N/A
FUNDING SOURCE
RECOMMENDATION
Staff recommends the City Commission approved the October 9, 2023 City
Commission Regular Meeting Minutes as presented.
368
CITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, OCTOBER 09, 2023 AT 6:30 PM
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 09, 2023 | PAGE 2 OF 7
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, October 09, 2023 of the City
Commission to order at 6:31 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 Kyle Stewart led the invocation followed by the Pledge of Allegiance.
Mayor McCann asked if there were any changes to the agenda. Commissioner Resnick asked that
Item 302 be discussed prior to the approval of the Consent Agenda. No further changes were made
and the agenda was adopted.
AWARDS AND PRESENTATIONS
100. Not Used
INFORMATIONAL AGENDA
200) Current Development Projects Summary
No discussion.
201) Update on Video Live Streaming
Mr. Brian Dunigan, Director, Operations Department noted the City was in the process of issuing a
purchase order to a selected vendor and that service would begin approximately 100 days from the
date the purchase order was issued. Mr. Dunigan also noted that the product would have a three-year
warranty included and noted funds were coming from the Excellence in Customer Service fund.
PUBLIC INPUT
Ms. Janet Pinnell, 80 Michael Blake Boulevard, Winter Springs spoke about the need for a traffic light
at the Michael Blake Boulevard intersection, reiterated safety concerns and noted bushes had not
been trimmed as previously requested. Ms. Pinnell also spoke about the impacts of the North
Tuskawilla Road closure.
Mayor McCann asked that the FDOT schedule be posted on the City website and Interim Manager
Hursh noted the project should be completed in one year. Regarding the bushes, Interim Manager
Hursh noted that this was going through the code enforcement process.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs spoke about the potential of going down to
one trash pickup per week, noted a planned connection to Winter Springs Boulevard near Dwell
apartments and increased traffic concerns. Ms. Freeburn also noted that Pine Avenue does not
connect to State Road 434 and thought this could be a potential solution. Finally, Ms. Freeburn asked
for an update on the golf course property and any new information.
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Mr. Art Gallo, 199 Nandina Terrace, Winter Springs spoke about misinformation related to FDEP,
Seminole County audit, and the Florida Auditor General Preliminary and Tentative Findings and
reviewed water quality reports, wastewater issues, and timelines.1
CONSENT AGENDA
300) PTA Keeth Elementary School Memorandum of Understanding.
No discussion.
301) Hometown Hero Nomination Approval
No discussion.
302) Resolution 2023-32 Adoption of City of Winter Springs Fraud Policy
Discussion followed on this being a recommendation from the Auditor General’s Preliminary and
Tentative Findings, appropriate use of the consent agenda, plans for implementation, and a change
to language related to reporting requirements from should to shall.
"MOTION TO APPROVE CONSENT AGENDA." 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. Not Used
REGULAR AGENDA
500) Discussion on Implementing a Rate Increase for Solid Waste Collection Services.
Ms. Donna Bruno, Interim Director, Finance Department requested the Commission evaluate the
previously proposed solid waste rate options and provide further direction. Ms. Bruno further noted
Seminole County's plans to start charging for recycling and explained that she asked the consultant
to incorporate this into the model and it was reflected in the final report. Finally, Ms. Bruno noted a
recommendation to tie future rate increases to CPI after 2032.
Discussion followed on tipping fees, pickup frequency and related impacts on rates, CPI
considerations, and the possibility of amending the contract with Waste Pro earlier than the contract
expiration.
Interim Manager Hursh noted a planned meeting with Waste Pro to discuss and Ms. Bruno suggested
taking advantage of better rates while available given expected large increases when the City goes
back out to bid in 2027.
"I MAKE A MOTION TO APPROVE ITEM 500, OPTION 2, WITH THE LANGUAGE THAT SAYS WE MAY
UTILIZE THE CPI OR THE SUGGESTED AMOUNT FOR THAT YEAR BEGINNING IN 2026." MOTION BY
COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE)
MOTION CARRIED 5-0.
1 Mr. Gallo provided his comments for inclusion in the record. See attached at the end of these minutes.
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Ms. Bruno sought clarification on the language agreed upon noting that it would say "greater than or
equal to the rate shown..." This was confirmed.
501) Discussion on the City’s Designation as a Transportation Concurrency Exception Area
(TCEA)
Ms. Terrilyn Rolle, Director, Community Development Department noted this item was brought forth
by Commissioner Benton and she was available for questions.
Commissioner Benton noted meeting with Ms. Rolle earlier, noted the difference between traffic
studies and concurrency, and asked Ms. Rolle to provide a brief explanation.
Ms. Rolle noted requirements in the Florida Statutes, explained transportation concurrency dealt with
roads and levels of service to determine if facilities were adequate, and reviewed the City’s designation
as a TCEA. Ms. Rolle further explained, as a TCEA, the City was not applying concurrency or levels of
service to deny any project but that traffic studies were still required for developments per the Land
Development Code and helped to determine the impact of development. Ms. Rolle further noted that
developers could offer multimodal improvements (i.e. sidewalks, bike paths, etc.) to offset traffic
impacts.
Further discussion followed on previous legislation related to concurrency, the focus on the
development of the Town Center and Greeneway Interchange District at the time the TCEA was
adopted, and redevelopment efforts.
502) Winter Springs Boulevard Speed Limit Discussion
Deputy Mayor Elliott noted multiple discussions on this, reviewed various input in favor and opposed
to the current speed limit of 25mph, traffic calming efforts, and data from the Chief stating that
30mph is the appropriate speed limit.
Discussion followed on planning for anticipated development 2, an existing conservation easement
held by the City, and eminent domain concerns,
Attorney Garganese noted that he was not aware of any discussions about releasing or changing the
easement in question.
Further discussion followed on development in Oviedo, the process of releasing the easement as a
simple majority vote of the Commission, and a review of residents who previously spoke in favor of
the lowered speed limit.
"MOTION TO CHANGE SPEED LIMIT ON WINTER SPRINGS BOULEVARD BACK TO 30 MPH."
MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER RESNICK. DISCUSSION.
VOTE: BENTON (NAY); COLANGELO (NAY); JOHNSON (NAY); RESNICK (NAY); ELLIOTT (NAY)
MOTION FAILED 0-5.
503) New Business
Deputy Mayor Elliott noted he has asked the City Attorney to draw up a resolution to express support
of the conservation easement surrounded by proposed development in Oviedo and asked that it be
considered at the next meeting.
2 Commissioner Johnson read from an FDOT publication which he asked to be included in the record. See attached at the
end of these minutes.
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Mayor McCann noted Korn Ferry had sent a letter explaining that six candidates for city manager were
highly qualified and they were seeking permission to send the information of all six candidates rather
than the previously agreed upon five.
Discussion followed on the agreed upon process, interview time slots, and the timeline for receiving
resumes prior to the planned interviews.
Mr. Dunigan noted that resumes were anticipated to be provided either Tuesday or Wednesday.
Attorney Garganese suggested a motion be made to amend the previous direction provided by the
Commission.
“I MAKE A MOTION TO DIRECT KORN FERRY TO INCLUDE THE SIXTH VIABLE CANDIDATE FOR
OUR CONSIDERATION.” MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR
ELLIOTT.
MOTION PASSED WITH UNANIMOUS CONSENT.
Mayor McCann noted that he would inform Korn Ferry and asked that the Clerk share the email with
the Commission as a whole.
Commissioner Resnick asked that a resolution be brought back in support of Israel for consideration
at the next Commission meeting.
Interim Manager Hursh provided an update on various road projects throughout the City.
Commissioner Johnson noted he would like to see a limit on the number of times a person can
address the Commission in each Public Input section. Attorney Garganese noted that he would review
the rules and, if not already stated, bring forward an ordinance to address this request.
REPORTS
600) Interim City Manager Phil Hursh
• No report
601) City Attorney Anthony A. Garganese
• No report
602) City Clerk Christian Gowan
• No report
604) Seat One Commissioner Matt Benton
• No report
605) Seat Two Commissioner Victoria Colangelo
• Noted attendance at the Florida League of Cities (FLC) Policy Committee Meetings;
• Winter Springs Lunch with Mayor Sladek and Longwood elected official;
• Noted representatives from Indian Trails Middle School had approached about interest in the
City adding a golf team for an upcoming event;
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• Noted attendance at a League of Women Voters event where she was able to speak with
middle schoolers about political service.
606) Seat Three Commissioner Ted Johnson
• No report
607) Seat Four Commissioner Cade Resnick
• Spoke about the golf course, noted an upcoming Highlands Community meeting and planned
meeting with Pulte Homes. Commissioner Resnick reiterated that the conservation easement
would have to be lifted by the dais for the project to proceed;
• Noted attendance at the FLC Transportation Committee meeting and plans for I-4 and State
Road 417 moneys for widening;
• Spoke about the audit findings and communications and reviewed the process going forward;
• Noted planned attedance at Running for Heroes event;
• Noted attendance at a recent Boys and Girls Club event;
• Asked about Babe Ruth and bathrooms being locked while they're playing.
608) Seat Five Commissioner/Deputy Mayor Rob Elliott
• Noted a new Greek restaurant was coming into the Town Center and welcomed them into the
City.
603) Mayor Kevin McCann
• Noted attendance at a variety of meetings including CALNO and FLC Policy Committee;
• Noted the need to address the golf course conservation easement and plans for the
wastewater treatment plants at future meetings;
• Noted he was a judge for Winter Springs got Talent;
• Reviewed that the City’s response to the Auditor General’s Preliminary and Tentative Findings
was almost completed, noted that he was optimistic, and reviewed the process going forward.
PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs reiterated the document from the Auditor
General was a list of Preliminary and Tentative Findings (Not an Audit Report) and encouraged
accuracy. Ms. Benton further noted that she thought the report would look much different after
responses were provided and accounted for.
Mr. Art Gallo, 199 Nandina Terrace, Winter Springs asked for public input to be allowed on regular
items, shared his understanding as to why the speed limit was continuing to be discussed, and briefly
commented on the easement discussion.
Ms. Gina Shafer, Winter Springs Village, Winter Springs thanked the Commission for keeping the
speed limit at 25mph, discussed development in Oviedo, thanked the Commission for looking at six
candidates for city manager, thought the City should have Hometown Hero flags/banners, and
thanked the Parks and Recreation Department for resurfacing basketball courts at Central Winds.
Mr. William Morrisey, 965 Sequoia Drive, Winter Springs spoke briefly about liens.
Ms. Karen Meyer, 741 Andover Circle, Winter Springs noted her disappointment that the speed limit
was brought up again and was in favor of the 25mph speed limit.
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Mr. Ken Spalthoff, 331 Wooded Vine Drive, Winter Springs noted a Facebook poll on pickleball and
shared that 83% of respondents in his Facebook group were in favor of the pickleball complex.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs spoke further about the golf course easement
and the potential need for St. Johns River Water Management District involvement, noted she was
fine with the 25mph speed limit on Winter Springs Boulevard but asked that bike lane only signs be
removed as she thought they were unnecessary. Finally, Ms. Freeburn encouraged conducting
background checks on all city manager candidates in addition to reviewing their resumes.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 8:39 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.
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09 October 2023
Let’s quickly examine misinforma;on and how it can lead to a regre@able outcome.
At the 25 September Commission Mee;ng, a Gentleman spoke to this Commission and at the
end asked (1) do you believe us now and (2) what will you do about it?
However, what the gentlemen did was open a metaphorical “blender,” mixed in several different
topics concerning Florida Department of Environmental Protec;on, Saint Johns River Water
Management District, the Seminole County Inspector General audit, the Auditor General of the
State of Florida, and even Channel 9, and then he turned the blender on. The gentlemen went
on to imply that the Florida Auditor General supported the slurry that came out of that blender
and that the media confirms that this slurry vindicates ci;zens, like him, who find our
commission lacking.
But let’s look at this. There are two audits. The one from Seminole County, which he men;ons,
regards an audit on “tax alloca;on”. The Auditor General of the State of Florida audit, also
men;oned, is an ongoing audit into the city concerning “City and Administra;ve Processes”.
I called the State Auditor ’s Office and discovered that while the document is available to the
public, it is not an official audit, but “preliminary and tenta;ve” findings sent to the city for
comment. The mayor has stated publicly that these audits will make us be@er. I agree. That
referenced document, available via a simple google search, clearly states at the top “NOT AN
AUDIT REPORT”. There was no men;on of this either by the gentleman or the media.
The Florida Auditor General’s report does discuss wastewater treatment viola;ons also noted in
the FDEP Consent Orders. Anyone making a statement, whether at this commission mee;ng or
in the media, quo;ng this document as a stand-alone reference to ANY topic, least of all water
quality, would be misleading people. …We might wonder to what end?
Let’s look at water quality. The latest annual drinking water quality report found the city met or
exceeded every standard except for water color. The FDEP “Consent Orders” are valid reports
that were properly addressed by the City.
Concerning wastewater specifically, the problems with our two plants go back many years and
over many different Commissions and Staffs. The first and only comments that I found during
an extensive search of Commission Mee;ng minutes pertaining to aged wastewater plants was
on 28 September 2009. It was not un;l 11 years later that the City Staff and the Commission
took posi;ve ac;on to resolve the wastewater plant issues originally raised back in 2009.
At least this Commission along with the previous Commission stepped up to the plate when no
one else before them did! Those are the facts.
PROVIDED BY ART GALLO DURING PUBLIC INPUT FOR
INCLUSION IN RECORD
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The amount of mudslinging and misinforma;on that is happening seems to be aimed at
impac;ng the membership of our Commission. Wrongfully so. Equally bad is the
nega;ve impact this has had on staff morale, a staff that works ;relessly to meet our city’s
challenges. Rather than malign their efforts, we should be applauding them for that.
To go back to the two ques;ons posed by the Gentleman on 25 September:
- Do you believe us now?
o NO, because we won’t be distracted by “click bait”.
- What will you do about it?
o That ’s not a ques;on for the commission, which has and is taking ac;on. It is a
ques;on for us all, who should not rely on social media or thinly researched
news reports, but we should instead look to the facts and the whole picture.
Remember that there are some with agendas who will use misinforma;on to reach a goal we
may not know. And we should always be aware that the mo;ves may be darker, including power
and control.
I fully support our City Staff and our City Commission, and I hope that all of you on the dais
“stay the course” for the benefit of all our residents and our great City.
I ask that my wri@en statement be placed into the formal minutes for the record.
Thank you.
Art Gallo
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The following was referenced by Commissioner Ted Johnson during the discussion of Item 502: Winter Springs Boulevard Speed Limit Discussion378
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