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HomeMy WebLinkAbout2023 12 11 Consent 306 - Appproval of the Minutes from the Monday, October 23, 2023 City Commission Regular MeetingCONSENT AGENDA ITEM 306 CITY COMMISSION AGENDA | DECEMBER 11, 2023 REGULAR MEETING TITLE Appproval of the Minutes from the Monday, October 23, 2023 City Commission Regular Meeting SUMMARY N/A FUNDING SOURCE RECOMMENDATION Staff recommends the City Commission approve the October 23, 2023 City Commission Regular Meeting Minutes as presented. 253 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, OCTOBER 23 , 2023 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 254 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 2 O F 1 1 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, October 23, 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 via telephone 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 Bob Melhorn led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda. Commissioners asked that Items 303, 305, 306, and 308 be discussed prior to the approval of the Consent Agenda, and Commissioner Resnick requested that Item 304 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) Update on Tuskawilla Crossing Retention Pond Mr. David Hamstra, Pegasus Engineering shared information about a Tuskawilla Crossings Pond (#1) that had failed August 31, 2023, reviewed the repair project needs, and estimated $1 - 1.5 million dollars would be required for repairs. Discussion followed on the City’s maintenance responsibilities, ongoing research into pond ownership, and the possibility of improper design or construction. Attorney Garganese noted that there was no remedy available to the City through a maintenance bond, reviewed the City’s approval of plans, and commented on the technical engineering considerations that would have to be analyzed to determine any cause for action. Mr. Hamstra noted that it was too premature to determine if the break was a result of construction or design defects. Further discussion followed on nutrient removal systems, the involvement of the St. Johns River Water Management District (SJRWMD), maintenance schedules, warning signs that could have indicated a collapse, legal recourse, and the funding source for this repair. Interim Manager Hursh noted that there was not a schedule of maintenance for every pond in the City and noted the funds for repair would come from the Third Gen Infrastructure Sales Surtax. Regarding legal recourse, Attorney Garganese noted that absent a full investigation, it was not possible to immediately determine and reiterated that the City had accepted the pond after construction and agreed to maintain infrastructure. Discussion followed on different types of maintenance, staffing needs associated with regular inspections, and the susceptibility of wet ponds to damage. 255 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 3 O F 1 1 Brief discussion followed on the exposure of inadequate stormwater systems throughout the City as a result of Hurricane Ian and the importance of continuing to focus on this as a top priority. INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 BrookshireCourt, Winter Springs noted her repeated attendance at meetings and seeking further information about No Name Creek and cleaning efforts. Interim Manager Hursh noted the City was currently moving to address No Name Creek and Mayor McCann asked if Staff could reach out to further discuss with Ms. Weisman. Mr. Frank Amato, 706 Highgate Drive, Winter Springs 1973 noted questions regarding his HOAS’s restrictions and covenants and his efforts to determine which of two versions prevailed. Commissioner Resnick noted reaching out to Attorney Garganese and Interim Manager Hursh to review this matter. Attorney Garganese noted he was still working to determine if this was a City issue or a private matter. Mr. Chris Bailey, 936 Arabian Avenue, Winter Springs thanked Commissioner Colangelo and spoke about a requested encroachment agreement. Ms. Gina Shafer, Winter Springs Village, Winter Springs shared her understanding that after the Blake there would be no more apartments from the developer nearby, noted her opposition to granting of conditional use permits, discussed water intrusion concerns, and noted she had not received follow-up regarding previously shared Waste Pro concerns. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs reviewed participation in Citizen Police Academy and encouraged residents to attend, noted and objection to some Slide 5 presented during Item 100 referring to a pipe from a home causing erosion, and reviewed plat ingress/egress for maintenance. Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs spoke about community development fees, noted she was in favor of a slower increase in solid waste rates, discussed police vehicles, recommended stopping paving to alleviate drainage problems, and suggested a financial report be included at every meeting. Mayor McCann noted financial information was available on the City website. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs discussed his concerns with the use of the consent agenda, thought the penny sales tax was not likely to be renewed, noted opposition to pickleball, discussed financing issues, thought the City needed backup candidates for city manager and needed crisis management, and spoke about the Joint Legislative Auditing Committee (JLAC) findings. Mr. Ken Spalthoff, 331 Wooded Vine Drive, Winter Springs noted Lennar installed the drain line in Tuskawilla Crossings and thought they had shorted the distance to the pond. Mayor McCann closed Public Input. CONSENT AGENDA 256 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 4 O F 1 1 300) Fifth Third Bank Site Acceptance No discussion. 301) Right-of-Way Encroachment Agreement - 936 Arabian No discussion. 302) Community Development Fee Schedule No discussion. 303) Resolution 2023-34 in Support of Israel Discussion followed on potential changes to the language of the resolution, the only change agreed upon was correcting the number of referenced hostages. Mayor McCann read Resolution 2023-34. Brief discussion followed on looking into engaging a sister city in Israel and Deputy Mayor Elliott asked that he be allowed to work with Rabbi Maurice Kaprow and others on this initiative. There was no objection. 304) Solid Waste Residential Rate Schedule for the Fiscal Year 2023/2024 through 2032/2033 *THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND DISCUSSED AS ITEM 501A; IT IS NOT INCLUDED IN THE APPROVAL OF THE CONSENT AGENDA. * 305) Winter Springs Police Department Purchase of Eleven (11) Police Vehicles Commissioner Johnson asked for clarification on the funding for the vehicles. Ms. Donna Bruno, Interim Director, Finance Department noted these vehicles were, were included in the budget, mainly police impact funds, to accommodate new positions with the remainder coming from the General Fund. Ms. Bruno noted that no money from third generation sales tax was going towards these vehicles. Chief Matt Tracht, Winter Springs Police Department, commented on the department’s current tired fleet with some vehicles well beyond their service life and all spare vehicles currently on the road. Chief Tracht also commented on the difficulty of procuring police vehicles and noted that the department has not taken possession of all nine vehicles from last fiscal year. Discussion followed on life expectancy of police vehicles, previously purchased vehicles, and previous use of third generation sales tax funds. 306) Erosion Control Countermeasures within Gee Creek at Moss Park. Commissioner Benton noted work being done to reinforce the creek bank and clarified that this is being done because it is on city property. 307)Wetland Park Outfall Improvements - Final Design and Permitting No discussion. 308)Tuskawilla Crossings Subdivision - Pond 1 Repair and Rehabilitation 257 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 5 O F 1 1 No discussion. 309) Appproval of the Minutes from the Monday, September 25, 2023 City Commission Regular Meeting No discussion. 310) Appproval of the Minutes from the Monday, October 9, 2023 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY CADE RESNICK. SECONDED BY TED JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Paintball at 1271 Belle Avenue Mr. Talbert Jackson, Senior Planner, Community Development Department introduced the item and reviewed the subject property. Mr. Orenthius Grimsley gave a presentation regarding the proposed project and reviewed signage, safety gear and equipment and project layout. Discussion followed on planned amenities, prohibitions on bringing personal equipment and psi adjustment , awareness of existing code enforcement violations on the property accruing fines, and limited parking. Mr. Grimsley noted plans to require reservations to account for parking limitations. Attorney Garganese noted the applicant was seeking a conditional use for amusement activities and that the City Code does not address payment of code enforcement fines as a condition of approval. Attorney Garganese further commented that this could be relevant if changes were being made to impact stormwater. Further discussion followed on the code violations on the property, contact with the property owner, and a concern that the applicant was not negatively impacted by actions of the property owner. Attorney Garganese noted, in response to a question from the dais, that the continuing accrual of the fines were the ramification that the property owner was facing. Discussion on the applicant’s reservation requirements and liability concerns. Attorney Garganese noted he could not speak to the liability insurance of the applicant and reiterated conditions of approval presented in the staff report. Mayor McCann opened the Public Hearing for Item 400. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she was a Planning and Zoning Board Member, she thought the applicant was aware of the risk, and thought this would be a good addition to the community. Mr. Maurice Kaprow, PO Box 195233 , Winter Springs noted involvement on the Code Board when the 258 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 6 O F 1 1 property owner came before that board, noted two separate code liens currently accruing and thought the Development Agreement sufficiently addressed concerns regarding any additional impervious surface. Ms. Sarah Cannistrali, 1621 White Dove Drive, Winter Springs noted she was a frequent attendee at the batting cages and thought this use was a great addition for her and her friends. Ms. Candy Davis, 903 Lorman Circle, Longwood noted her son worked for the park and commented on the opportunities for youth, thought RJ was a great mentor, and was in favor of the proposal. Mr. Dacquirri Davis noted there was not a lot of similar areas around the community, thought it was fun to work and people were excited. Mayor McCann closed the Public Hearing for Item 400. Brief discussion on Development Agreement language related to the restaurant. Mr. Jackson clarified that the applicant was seeking a conditional use and was not the property owner and further noted his understanding that the Development Agreement addressed concerns related to the restaurant reopening and related impacts. Attorney Garganese noted he agreed with Mr. Jackson and then commented on a potential change to the Development Agreement related to the permitting code violation coming into compliance. "MOTION TO APPROVE.” [CONDITIONAL USE APPLICATION REQUEST FROM RJ SPORTS ENTERPRISES INC TO OPERATE OUTDOOR AMUSEMENT AS A CONDITIONAL USE IN THE C-2 GENERAL COMMERCIAL DISTRICT SUBJECT TO CONDITIONS.] 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)First Reading of Ordinance 2023-10 regarding Level 2 background checks. “MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIOENR JOHNSON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2023-10 by title and reviewed Florida Statutes requirements for authorization of level two background screenings. Mr. Brian Dunigan, Director, Operations Department noted this ordinance was a result of a recent notification by the Florida Department of law Enforcement (FDLE) and was required to allow the city manager to designate positions eligible for level two background screenings. Mr. Dunigan explained that level two checks included criminal checks beyond the State of Florida and Staff thought this was in the best interest of the City. Discussion followed on applicability to contractors and subcontractors, liability, and identification of positions subject to this level of screening. Mayor McCann opened the Public Hearing for Item 401. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke in favor of the ordinance. 259 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 7 O F 1 1 Mayor McCann closed the Public Hearing for Item 401 "MOTION TO APPROVE ITEM 401.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. REGULAR AGENDA 500) Conditional Use Permit Processing Agreement - Catalyst Development Partners, LLC Ms. Terrilyn Rolle, Director, Community Development Department introduced the item, reviewed the applicant’s previous non-binding presentation, the existing Development Agreement prohibiting further multi-family development within the Town Center District, noted apartments are conditional use in the Town Center, and reviewed the purpose of the conditional use permit processing agreement being sought. Mr. Jorge Sardinas, Catalyst Development Partners, LLC reiterated Ms. Rolle’s comments that this request was to allow the project ot go to the next step, no approval of a project was being considered at this time. Mr. Sardinas further noted that he believed the proposed mixed-use project was the highest and best use for the property. Discussion followed on consideration of townhomes versus apartments and knowledge of the Development Agreement restrictions prior to presenting this concept. Mr. Sardinas reviewed the focus on commercial development when the applicant originally agreed to the Development Agreement and noted changes in the market. Mr. Sardinas reiterated that he believed a mixed-use project was the highest and best use in conjunction with the original vision for the Town Center. Brief discussion followed on the need for residents to attract desired amenities such as restaurants. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs noted his involvement with the project, commented that Winter Springs was the only community in the County with restrictions on apartments, noted the success of similar concepts, reiterated the original vision of the Town Center, and noted plans to preserve a large oak tree on the property. Brief discussion followed on the occupancy of the Blake Apartments and Attorney Garganese noted that this conditional use permit processing agreement, if approved, would allow Catalyst to proceed with the process and allow Staff to process a conditional use application. "MOTION TO APPROVE ITEM 500, CONDITIONAL USE PERMIT PROCESSING AGREEMENT TO TAKE PLACE.” MOTION BY COMMISSIONER RESNICK. MOTION DIED FOR LACK OF A SECOND. 501a)Solid Waste Residential Rate Schedule for the Fiscal Year 2023/2024 through 2032/2033 Commissioner Resnick reviewed the proposed rate option and commented on concerns about a "slush fund." Ms. Bruno noted the negative connotation of the phrase slush fund, reviewed her previous budget presentation and the current deficit operation of the solid waste fund, previous renewal of Waste Pro’s contract and knowledge that the rate study was needed. Ms. Bruno further noted that a consistent 260 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 8 O F 1 1 rate for residents had been in place since 2006 and the City was currently pulling from reserves to cover solid waste. Finally, Ms. Bruno reviewed the reasonings for the rate increase as (1) fund balance is in deficit, (2) consultant’s analysis and projections of potential 40%+ increase when the current contract expired in 2027. Discussion followed on the sufficiency of the proposed rate increase, the consultant’s recommendations, a previous motion made to move forward with the rate being considered, and confirmation that funds in the solid waste fund cannot be transferred to other funds. Ms. Bruno noted that all solid waste funds can only be used for solid waste with the exception of a small portion that goes to the General Fund to account for the work of Customer Service Representatives related to Waste Pro inquiries and work orders. "MOTION TO APPROVE ADOPTION OF RESOLUTION 2023-35, THE SOLID WASTE RESIDENTIAL RATE SCHEDULE FOR THE FISCAL YEAR 2023/2024 THROUGH 2032/2033." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE) MOTION CARRIED 4-1. 501)Waste Pro of Florida, Inc. Seventh Addendum to the Solid Waste Agreement. Ms. Bruno reiterated prior discussions and decisions of the Commission and invited further questions. Ms. Bruno reviewed that the addendum being considered allowed for a one time, four percent (4%) CPI cap rather than the usual 2.5%. Brief discussion followed on concerns about the potential increase facing residents in the future. "MOTION TO APPROVE ITEM 501, WASTE PRO OF FLORIDA, INC. SEVENTH ADDENDUM TO THE SOLID WASTE AGREEMENT. MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE) MOTION CARRIED 4-1. 502) Park & Plug Program Through Duke Energy Update Ms. Bruno noted Staff was seeking direction related to the continuation of this program, reviewed previous action, contract terms, and options of removing chargers or continuing with the program separate of Duke Energy. Discussion followed on usage of the chargers, the charging rate, and the need to maintain the chargers at City Hall for the City’s electric vehicles. "MOTION TO KEEP TWO CITY HALL CHARGERS AND SURRENDER THE REMAINDER THROUGHOUT THE CITY BACK TO DUKE ENERGY." MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 503) Resolution No. 2023-33: Support of Conservation Easement 261 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 9 O F 1 1 Deputy Mayor Elliott noted asking for this resolution related to the easement near the Oviedo Mall and asked that the Commission affirm their support for its maintenance. Brief discussion followed on Oviedo development plans, discussions with developers, and the possibility of a similar resolution for the Winter Springs Golf Course easement. Attorney Garganese noted two previous resolutions had been passed in support of the golf course easement but that another could be drafted if the Commission desired. MOTION TO APPROVE RESOLUTION 2023-33. MOTION BY COMMISSIONER COLANGELO. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE) MOTION CARRIED 5-0. 504) Appointment Opportunities for City Boards and Committees Commissioner Benton discussed an email he received from the Chair of the Oak Forest Wall and Beautification District Advisory Committee relaying concerns she had heard about Committee Member Brandon Morrisey. Discussion followed, inviting Mr. Morrisey to the next meeting to discuss his side of the story, potentially creating a set of standards for Board and Committee Members, and further action that could be taken. The Clerk was directed to invite Brandon Morrisey to the next regular Commission meeting. 505) New Business Commissioner Colangelo noted her attendance at a Seminole County Chamber event and noted the president wanted a better relationship between the City and the Chamber. Mayor McCann discussed the ongoing city manager search and the upcoming October 30 Special Meeting. Mayor McCann also noted a recommendation that when the Commission narrowed the list to two candidates, to pursue in-person interviews. Brief discussion followed on reference checks and timing of the meeting. Commissioner Resnick noted he was willing to attend the Oviedo/Winter Springs Chamber Board in place of the Mayor. There was no objection. Commissioner Resnick requested further discussion on the golf course, conservation easement, and input from the Highlands Community. REPORTS 600) Interim City Manager Phil Hursh Noted attendance at the recent Mayor/Manager meeting and relayed that the discussion was focused on the Fourth Generation Sales Tax. 601) City Attorney Anthony A. Garganese No report 602) City Clerk Christian Gowan No report 262 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 1 0 O F 1 1 60 ) Seat Two Commissioner Victoria Colangelo Noted attendance at Chamber event and Mayor’s update focus on penny sales tax. Commissioner Colangelo noted it was a great luncheon and hoped more Winter Springs representatives would attend in the future. 60 ) Seat Three Commissioner Ted Johnson Noted attendance at the recent Tuscawilla Lighting and Beautification District Advisory Committee Meeting and thanked Mr. Kevin Maddox, Landscape Manager, for his work with the Committee. 60 ) Seat Four Commissioner Cade Resnick Discussed name calling inside the City and asked that everyone be kind; Noted attendance at Rescue Outreach Mission and upcoming Hometown Harvest event. 60 ) Seat Five Commissioner/Deputy Mayor Rob Elliott Discussed his efforts to share information about church safety resources; Discussed pickleball and funding for the project. 60 ) Mayor Kevin McCann Noted attendance at a recent Running for Heroes event and Seminole County Mayor Luncheon; Shared brief comments about the recent interviews of city manager candidates; Noted upcoming Oviedo/Winter Springs Chamber Luncheon, Sanford Air Show, and Seminole County Legislative Delegation meeting; Noted the previously scheduled meeting of the Joint Legislative Auditing Committee (JLAC) had been cancelled and discussed his plans to attend when rescheduled. 60 ) Seat One Commissioner Matt Benton Noted he had come around to the popularity of pickleball and thought it was a good addition to the City. PUBLIC INPUT Mayor McCann opened Public Input. In response to a question from the dais, Attorney Garganese noted a statutory prohibition on the expenditure of public funds to support a referendum. Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs noted her attendance at the City Manager interviews, thanked the Commission for their engagement in the process, and then read a message on Facebook from the General Public House related to their plans to reopen. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted he wanted more information related to the rate increase and why the Commission believed that the option chosen was the best option. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 11:31 p.m. 263 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 , O C T O B E R 2 3 , 2 0 2 3 | P A G E 1 1 O F 1 1 RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the____________________, 2023 City Commission Regular Meeting. 264 265 266 267 268 269 270 271 272 273 274