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Home My WebLink About2023 12 11 Consent 305 - Appproval of the Minutes from the Monday, September 11, 2023 City Commission Regular MeetingCONSENT AGENDA ITEM 305 CITY COMMISSION AGENDA | DECEMBER 11, 2023 REGULAR MEETING TITLE Appproval of the Minutes from the Monday, September 11, 2023 City Commission Regular Meeting SUMMARY N/A FUNDING SOURCE RECOMMENDATION Staff recommends the City Commission approve the September 11, 2023 City Commission Regular Meeting Minutes as presented. 117 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, SEPTEMBER 11, 2023 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 118 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 2 OF 10 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, September 11, 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 Acting City Manager Bilal Iftikhar, present City Attorney Anthony Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Mr. Gowan noted that Item 301 was requested to be removed from the agenda by Staff. There was no objection, and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Oviedo/Winter Springs Regional Chamber of Commerce Update Ms. Roxanne Ferguson, Oviedo-Winter Springs Chamber of Commerce, 1511 East State Road 434, Winter Springs presented an update on the Chamber’s activities and upcoming events, highlighted the upcoming Central Winds Music Festival, and presented the Commission with a custom Monopoly set, “Winter Springs-opoly.” INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. 201) Update from Sunrise Consulting Group No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about creek cleanup efforts and concerns about No Name Creek and associated flooding. Ms. Weisman also spoke in favor of preserving trees and protecting wildlife on the golf course property. Mr. Keith Thomas, 200 Silversea Road, Winter Springs shared concerns about the proposed development of the golf course property and noted he was in favor of leaving it a conservation area. Ms. Kathleen Sims, 527 Moree Loop, winter Springs shared concerns about the proposed golf course development including impacts on infrastructure, schools, and nearby residents. Ms. Theresa Granger, 458 Club Drive, Winter Springs shared concerns about the proposed golf course development and discussed impacts on traffic, schools, and nearby property owners. 119 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 3 OF 10 Mr. Louie Hilal, 504 Mark Run, Winter Springs shared that he did not believe the Highlands and other stakeholders were informed of the proposed development, shared concerns about the district commissioner not being involved in the process, and requested that the item be pulled off the agenda. Mr. Hilal noted that he was not in favor of proposed development at this time. Mayor McCann explained the non-binding review process and reiterated that no decisions would be made at this meeting. It was also noted that a survey referenced by several residents was not a City survey, rather a community survey that had been shared with the Commission.1 Mr. William Morrisey, 965 Sequoia Drive, Winter Springs shared his concerns regarding Ken Spalthoff and asked that he be removed from the Planning and Zoning Board based on comments he made on social media. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs complimented the presentation on utility rates given at the las Commission Meeting, spoke about potential benefits of development of the golf course property, and noted he was in favor of the proposal. Mr. Mark Reyes, 40 Sheoah Boulevard, Winter Springs, shared concerns about the proposed golf course development, spoke about the wildlife on the property, and echoed previously discussed concerns about infrastructure impacts. Mr. Tom Shepard, Winter Springs asked about the current zoning of the golf course property. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she was appearing on behalf of her HOA and shared videos of stained roadways as a result of WastePro trucks. Mr. Jim Thomson, 931 Ginnie Way, Winter Springs echoed the concerns brought forward by Ms. Shafer and spoke about property damage. Mayor McCann closed Public Input. CONSENT AGENDA 300) Murphy Road Bridge Repair - Piggyback Agreement No discussion. 301) Tuskawilla Retention Pond Repair *THIS ITEM WAS REMOVED FROM THE AGENDA AND IS NOT INCLUDED IN THE APPROVAL OF THE CONSENT AGENDA* 302) Award of RFP#06-23-01 BI, Disaster Debris Hauling Services No discussion. 303) Award of RFP#06-23-02 BI, Disaster Debris Monitoring Services No discussion. 304) Appproval of the Minutes from the Monday, August 14, 2023 City Commission Regular Meeting 1 Document atached to the end of these Minutes were received by the start of the mee�ng. 120 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 4 OF 10 No discussion. “MOTION TO APPROVE.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Tentative Millage Rate for Fiscal Year 2023-2024 and Related Advertising Ms. Donna Bruno, Interim Director, Finance Department introduced the item, announced that the tentative millage was 2.4100 mills, and noted no feedback had been received and no changes had been made since the preliminary millage hearing. Mayor McCann opened Public Input for Item 400. No one addressed the Commission. Mayor McCann closed Public Input for Item 400. “I MOVE TO ADOPT RESOLUTION 2022-26 ESTABLISHING THE FISCAL YEAR 2023-2024 OPERATING MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT 2.4100 MILLS AND PUBLICLY ANNOUNCE THAT THE TENTATIVE OPERATING MILLAGE RATE OF 2.4100 MILLS IS 9.12% GREATER THAN THE COMPUTED ROLLED-BACK RATE OF 2.2085 MILLS AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET.” MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 401) Tentative Budget for Fiscal Year 2023-2024 and Related Advertising Ms. Bruno introduced the item and noted that no changes had been made since the preliminary budget hearing. Discussion followed on revenues and expenditures, the requirement for a balanced budget, and fund balance, and different fund types. Mayor McCann opened Public Input for Item 401. Mr. William Morrisey, 965 Sequoia Drive, Winter Springs asked a question about the fund balance. Mayor McCann closed Public Input for Item 401. “I MOVE TO APPROVE RESOLUTION 2023-27, ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2023 AND ENDING ON SEPTEMBER 30, 2024 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET.” MOTION BY COMMISSIONER BENTON. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) 121 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 5 OF 10 MOTION CARRIED 5-0. REGULAR AGENDA 500) Non-Binding Presentation: Pulte Group - Winter Springs Golf Course Development Proposal Mayor McCann reviewed the non-binding process and brief discussion followed on communications with the applicant. Attorney Garganese reviewed ex-parte communication rules and noted they were not applicable at this time given no application had been filed. Attorney Garganese further reviewed the unique nature of the project and the City’s real property interest due to the 133-acre conservation easement. Mr. Max Perlman, Pulte Homes presented a preliminary site plan of a mixed-use development project with residential, commercial, and open space elements. Mr. Perlman noted that this project also included giving 10 acres of land to the City of Winter Springs for future expansion of the wastewater treatment facility. Mr. Perlman further noted that Pulte was trying to determine if the Commission had interest in releasing any portion of the conservation easement which would be necessary for this project to proceed. Discussion followed on concerns of residential property near the wastewater treatment plant, access to the wastewater treatment plant, and traffic, stormwater, and school impacts. Further discussion occurred on the importance of resident involvement in the process and a proposal to separate the development consideration from the 10 acres needed for the wastewater treatment plant expansion. The Commission asked that the developer hold meetings with nearby homeowner’s associations to get feedback and asked that Staff attend to hear the feedback as well. Additionally, the Commission asked that the developer then come back with any changes and present additional information. No decision was made at this time regarding the release of any portion of the conservation easement. 501) Non-Binding Presentation: Winter Springs Patio Mr. Nick Tafelsky, Senior City Planner, Community Development Department introduced the item and noted the applicant was proposing a food truck park which required a change to the City Code. Ms. Amalia Yount presented the proposed project on behalf of the applicants (Mr. Salvatore Buonaccordo and Ms. Nicoletta Buonaccordo. 735 Oakdale Street, Windermere, Florida) and highlighted their experience and plans to create a family friendly destination. Discussion followed on concerns about the benefit to the tax base and parking, the existing food truck ordinance alternative design considerations, and the appeal of redevelopment in the area. Attorney Garganese noted that he could review the food truck ordinance, if requested by the Commission, to determine if this project could be granted any variance or exception. Further discussion followed on similar areas throughout the state and Mr. Tafelsky noted that Staff could continue to work with the applicant, if there was interest, to discuss changes and other options. After further brief discussion it was determined that the Commission was not in favor of revisiting the food truck ordinance and Attorney Garganese noted that upon further review, the current ordinance did not allow for a variance. 122 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 6 OF 10 A brief discussion followed on the history of the current food truck ordinance. 502) Veolia Inflationary Cost Adjustment related to Chemical Costs Mayor McCann noted previous discussions with Veolia regarding their concerns and Mr. Iftikhar reviewed Veolia’s previous request and efforts by Staff to negotiate with Veolia. Mr. Iftikhar explained that this item related to actual cost of chemicals used in the treatment process, Item 503 dealt with the actual cost of construction, and Item 504 was an adjustment based on increased flows of water and wastewater. Mr. Iftikhar noted that Veolia was previously seeking an eight percent (8%) CPI increase but had agreed, after negotiations, to stay with the four percent (4%) CPI cap. Mr. Iftikhar noted Staff had no objection not these requests. Mr. Todd Petrie, Veolia reviewed that this item was purely for chemical costs as listed in the agenda item, noted a lump sum payment for FY23 and authorization to continue paying this forward in FY24. Mr. Petrie summarized that this request was to take care of costs that had been incurred in 2023 and approve payment going forward. "MOTION TO APPROVE” [THE REQUEST OF $117,700 FOR FY23 AS A LUMP SUM PAYMENT AND APPROVE AS A SUPPLEMENTAL PAYMENT TO THE BASE FEE FOR FY24 AND SUBSEQUENT YEARS INVOICED ON A MONTHLY BASIS. THE PRESENTED COSTS ARE BEYOND THE CONTROL OF EITHER THE CITY OR VEOLIA. ADDITIONALLY, AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY IS REQUESTED TO PREPARE AND EXECUTE ANY AND ALL APPLICABLE CONTRACT DOCUMENTS CONSISTENT WITH THIS AGENDA ITEM.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 503) Veolia Additional Construction Related Costs Mayor McCann briefly reviewed the item. Brief discussion followed on the status of construction and Mr. Petrie noted that these costs were not currently accruing as construction had been completed in August. "MOTION TO APPROVE” [THE CITY COMMISSION APPROVE THE REQUEST. THE REQUESTED CONSTRUCTION PERIOD COST OF $143,395 FOR FY 2022 (OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022) AND $10,573/ MONTH PLUS 10% FOR FY 2023 (OCTOBER 1, 2022 THROUGH AUGUST 30, 2023), I.E. OCTOBER 1, 2022 UNTIL DEMOBILIZATION OF THE BELT PRESS IN AUGUST 2023 FOR A TOTAL COST OF $117,466.03, ARE AUTHORIZED IN PARAGRAPH 10.1.1, 10.1.2, AND 10.2 OF THE AGREEMENT. THE ADDITIONAL COSTS WERE NOT ANTICIPATED WHEN THE AGREEMENT WAS EXECUTED, THE CITY HAS CONTRACTUAL CONTROL OF THE CONTRACTOR, AND CONSTRUCTION HAS EXTENDED SIGNIFICANTLY BEYOND THE ORIGINAL SCHEDULE. THE PRESENTED COSTS ARE BEYOND THE CONTROL OF EITHER THE CITY OR VEOLIA. ADDITIONALLY, AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY IS REQUESTED TO PREPARE AND EXECUTE ANY AND ALL APPLICABLE CONTRACT DOCUMENTS CONSISTENT WITH THIS AGENDA ITEM.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 504) Veolia Flow and Loading Adjustment 123 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 7 OF 10 Mr. Iftikhar reviewed the contractual obligation that allowed Veolia to ask for an increase if flow and loading exceeded 10%. Discussion followed on the cause of increased flow and loads, the current situation, and the possibility of improperly calibrated equipment or reporting errors. Mr. Petrie explained that no individual reason had been identified related to increased flows and loading. Mr. Iftikhar noted that the commissioned rate study had accounted for these increased flows. "MOTION TO APPROVE” [THE REQUEST OF $226,193 FOR FY 2022 (OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022) AS A LUMP SUM PAYMENT AND APPROVED AS A SUPPLEMENTAL PAYMENT TO THE BASE FEE FOR FY24 AND SUBSEQUENT YEARS INVOICED ON A MONTHLY BASIS. THE REQUEST IS AUTHORIZED IN PARAGRAPH 10.1.4 AND 10.2 OF THE AGREEMENT. THE ADDITIONAL FLOWS AND LOADINGS WERE NOT ANTICIPATED WHEN THE AGREEMENT WAS EXECUTED AND THE CITY HAS CONTROL OF THE POTABLE WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEM (LINES). ADDITIONALLY, AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY IS REQUESTED TO PREPARE AND EXECUTE ANY AND ALL APPLICABLE CONTRACT DOCUMENTS CONSISTENT WITH THIS AGENDA ITEM.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. In response to a question from the Commission, Mr. Petrie noted that funds in arrears had been settled and encouraged keeping payments up to date. Mr. Petrie also noted that he would follow up regarding the removal of the bee mats behind City Hall as the project had expired and no extension had been authorized. Mr. Iftikhar commented that Veolia had done a wonderful job, noted a recently completed audit of Veolia’s performance by Carollo with a few minor recommendations, and noted that the report would be shared. 505) City Manager Draft Interview Matrix Following brief introductory remarks, Mr. Brian Dunigan, Director, Operations Department shared that the consultant, Korn Ferry, advised the Commission to agree on a set of questions and ask all candidates the same set of questions. The Mayor and Commission reviewed the draft questions provided by Korn Ferry and amended the list to a final product of 19 questions. Discussion followed on the ability to ask follow-up questions during the process which Attorney Garganese noted was permissible. 506) Discussion on Annual Creek Cleanup Commissioner Resnick noted he had asked for this discussion and asked about the possibility of including annual creek cleanup to the budget, not to include dredging or large tree removal. Mr. David Hamstra, Pegasus Engineering, noted that Staff does perform some work annually and then reviewed NRCS funding which was currently being utilized for creek cleanup efforts. 124 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 8 OF 10 Mr. Iftikhar noted the need to look at stormwater fees as well and the need for a stormwater study. Mr. Hamstra noted he had some discussions with Interim Manager Hursh related to the scope of work. Further discussion on associated costs, other maintenance needs, and the possibility of establishing a time to make a decision regarding this proposal. 507) Discussion on Sunshine and Public Records Laws, Private Websites Commissioner Benton distributed a presentation from the Florida League of Cities related to public records and social media as well as other documents.2 Discussion followed on the use of social media, liability and risk to the City, and bullying. Commissioner Colangelo distributed some printouts from social media 3 and brief discussion followed on civility and social media. 508) Discussion on City Social Media Policy Commissioner Colangelo discussed many different community Facebook pages and noted that she thought the City Facebook page should allow comments. Discussion followed on the purpose of the page as a billboard for sharing information, potential staffing needs related to monitoring of social media, and the history of the current social media policy and the City’s Facebook page. It was suggested that the Commission could revisit the issue annually but no decision was made. 509) New Business “I’D LIKE TO MAKE A MOTION TO HAVE THE CITY DISCUSS THE HIGHLANDS GOLF COURSE, TO PURCHASE THE LAND FOR THE UTILITY OF WASTEWATER VERSUS AN EXCHANGE, AS HAS BEEN COORDINATED CURRENTLY, I'D LIKE TO MAKE A MOTION TO BE ABLE TO COMMUNICATE WITH THE SELLER OF THE GOLF COURSE TO PURCHASE THE 10 ACRES FOR OUR UTILITY EXTENSION”. SECONDED BY COMMISSIONER RESNICK. Discussion followed on the purpose of New Business and the need for additional land for the purpose of expanding the wastewater plant. Attorney Garganese reviewed the process related to issues regarding the acquisition of real property, noted the Commission could authorize the Manager to enter into discussions with the property owner, and noted acquisition couldn’t be determined at this time. Further discussion followed on the conservation easement, discussions related to the development proposal, and the possibility of discussing this issue at a future meeting. Commissioner Colangelo withdrew her motion and asked that this be placed on the next agenda. Mr. Iftikhar noted that an outright purchase for the wastewater plant expansion had not been accounted for in the rate study. 2 Atached to the end of these Minutes 3 Atached to the end of these Minutes 125 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 9 OF 10 Deputy Mayor Elliott asked about appointment opportunities. The Clerk noted that these would be included on the next agenda since there were no time sensitive vacancies. Commissioner Benton asked that a discussion on the City’s designation as a Transportation Concurrency Exception Area be brought back to a future meeting. REPORTS 600) Acting City Manager Bilal Iftikhar • Noted smart residents and the detail-oriented nature of the Commission, commented on the division within the community, and urged everyone to work together for the betterment of the City. 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 603) Seat Five Commissioner/Deputy Mayor Rob Elliott • Noted taking a tour of the pickleball court construction and encouraged Commissioners to reach out to Staff and view the progress; • Noted attendance at the 9/11 Memorial Event and noted it was a well done event. 604) Mayor Kevin McCann • Acknowledged the loss of longtime Winter Springs resident Juanita Blumberg; • Noted he had spoken to the Leadership Seminole class; • Noted attendance at a swearing-in ceremony for three new Winter Springs Police officers; • Noted attendance at Florida League of Cities Policy Committee Meeting; • Noted attendance at the 9/11 Memoria Event and share brief comments. 605) Seat One Commissioner Matt Benton • Noted his ongoing attendance at Leadership Seminole; • Recognized utilities crews for their work in responding quickly to issues throughout the City; • Noted accessibility concerns related to current and future meeting streaming, specifically related to the deaf community. 606) Seat Two Commissioner Victoria Colangelo • Noted she was working with residents to address a variety of issues; • Noted attendance at the 9/11 Memorial and shared that Running for Heroes had expressed interest in hosting the event next year; • Noted ongoing work related to water quality and erosion issues. 607) Seat Three Commissioner Ted Johnson • No report 608) Seat Four Commissioner Cade Resnick • Echoed comments about the 9/11 Memorial event and the request from Running for Heroes; • Noted his attendance at the Florida League of Cities Policy Committee Meeting. 126 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 11, 2023 | PAGE 10 OF 10 PUBLIC INPUT Mayor McCann opened Public Input. Mr. Louie Hilal, 504 Mark Run, Winter Springs discussed preserving the golf course as a golf course and was not in favor of lifting the conservation easement. Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs echoed comments about accessibility of meetings and commented on social media actions. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 1:15 a.m. on Tuesday, September 12, 2023 RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the____________________, 2023 City Commission Regular Meeting. 127 The following information was provided to the Mayor and Commission at the September 11, 2023 City Commission Meeting and referenced during Public Input 128 129 130 131 132 The following information was entered into the record by Commissioner Matt Benton at the September 11, 2023 City Commission Meeting during Item 507133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 The following was entered into the record by Commissioner Victoria Colangelo during Item 507 at the September 11, 2023 City Commission Meeting 167 168 The following was entered into the record by Commissioner Matt Benton during New Business at the September 11, 2023 City Commission Meeting.169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252