HomeMy WebLinkAbout_2024 01 08 City Commission Regular Meeting MinutesCITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, JANUARY 8, 2024 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, January 8, 2024 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 Matt Benton, present
Commissioner Victoria Bruce, present
Commissioner Ted Johnson, present
Commissioner Cade Resnick, present
Commissioner Rob Elliott, 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. Commissioner Elliott asked that an
item be added regarding the Father Daughter Dance. There was no objection, and the agenda was
adopted with this addition as Item 502a.
AWARDS AND PRESENTATIONS
100) UCF Business Incubator Annual Report
Mr. Rafael Camaano, UCF Incubator, 1511 E SR 434 Suite 2001 presented the yearly report, reviewed the
Incubator’s programs and services, metrics, and highlights including national achievements and
recognition of several companies in the incubator program.
Ms. Erica Martinez-Rose, CEO of Tech Rage IT, noted her company had been named a Top 50 Florida
Company to Watch, that she was looking forward to the business graduating from the Incubator, and
seeking office space in Winter Springs.
Mr. Camaano thanked the Commission for their assistance and noted ongoing conversations about
the continued partnership with the City.
INFORMATIONAL AGENDA
200) Current Development Projects Summary
No discussion.
PUBLIC INPUT
Mayor McCann opened Public Input.
Mr. John Horan, 1612 Wood Duck Drive, Winter Springs noted his review of the December 11
Commission Meeting, actions taken and suggestions made following the Joint Legislative Auditing
Committee (JLAC) Meeting, and asked that the City accept help from the State.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about the inclusiveness of the prayer,
her review of agenda items, and asked about meeting frequency throughout the year.
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Mr. Art Gallo, 199 Nandina Terrace, Winter Springs commended the Winter Springs Police
Department and the Citizens Police Academy. Mr. Gallo also noted he disagreed with the comments
of Mr. Horan and noted reaching out to Senator Brodeur regarding recent events.
Ms. Gina Shafer, Winter Springs Village, Winter Springs noted previously moving out of the County
due to lack of services, thanked a Commissioner for help in resolving a port-a-potty issue and
handling Waste Pro issues, and asked a question about Wetlands Park project status. Ms. Shafer
also discussed tree requirements for new developments.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs read a statement about Item 502 and asked
that the Commission void the agreement with the law firm, noted bad optics, and said she was
opposed to secrecy and every spare dollar not being used on water/wastewater.
Mayor McCann closed Public Input.
CONSENT AGENDA
300) Chau Medical Plaza - First Modification to the Development Agreement
Commissioner Bruce asked for clarification on the modification.
Attorney Garganese clarified that this agreement provided specific uses as possible on the site and
noted that an additional modification would be brought forward at the next meeting related to a
reduction in the number of proposed units.
A brief discussion followed on the Planning and Zoning Board’s comments, review, and
recommendation.
301) Purchase of Two (2) Code Enforcement Vehicles.
No discussion.
302) Approval of the Minutes from the Monday, December 11, 2023 City Commission Regular
Meeting
No discussion.
MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED
BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
PUBLIC HEARINGS AGENDA
400) First Reading of Ordinance 2024-01 Amending Chapter 12 of the City Code related to
abandonment of motor vehicles; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the code; severability and an effective date.
MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER RESNICK. SECONDED BY
COMMISSIONER JOHNSON. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinance 2024-01 by title and noted this ordinance was requested by the
Police Department to clarify City Code and make consistent with Florida Statutes to distinguish
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between abandonment of vehicles on private versus public property. Attorney Garganese further
noted applicable statutes and notice requirements.
Mayor McCann opened the Public Hearing for Item 400.
Ms. Gina Shafer, Winter Springs Village, Winter Springs noted a previously abandoned mobile home
several years ago and her experience bringing the issue up to Code Enforcement. Ms. Shafer spoke
in support of this ordinance.
Mayor McCann closed the Public Hearing for Item 400.
MOTION TO APPROVE ITEM 400.” [PASSING FIRST READING OF ORDINANCE 2024-01.] MOTION
BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
401) CU2023-00000065 Amusement Arcade
Ms. Terrilyn Rolle, Director, Community Development Department asked that the item be postponed
to a date certain of January 22, 2024 to preserve advertising to allow Staff to make changes to the Staff
report.
MOTION TO POSTPONE ITEM 401 UNTIL JANUARY 22, 2024." MOTION BY COMMISSIONER
JOHNSON. SECONDED BY DEPUTY MAYOR BENTON. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
402) Second Reading Ordinance 2023-14 authorizing the conveyance of a perpetual electric
utilities easement to Duke Easement on a portion of City owned property legally described
as Seminole County Parcel ID: 26-20-30-5AR-0D00-1100.
Attorney Garganese read Ordinance 2023-14 by title and briefly reviewed the Charter requirement
that a public hearing be held for perpetual easements. Attorney Garganese further noted that
approval would also include an attached Memorandum of Understanding to be signed by the City
Manager.
A brief discussion followed about plans for the money the City would receive and it was noted that
the decision was ultimately up to the Commission.
Mayor McCann opened the Public Hearing for Item 402.
Ms. Leah Weisman, 113 Brookshire Court, Winter Springs asked about maintenance responsibilities
on the property.
Attorney Garganese noted that the City owned the property, currently and it was used as a spray field,
noted that this easement was for a portion of the property to allow for transmission line connection
and there were no trees in the area of the easement. Attorney Garganese further explained that Duke
Energy would be responsible for construction costs and the City would still use the property as a spray
field.
Mayor McCann closed the Public Hearing for Item 402.
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MOTION TO APPROVE ITEM 402.” [ADOPTION OF ORDINANCE 2023-14 ON SECOND READING.]
MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
REGULAR AGENDA
500) 2024 Meeting & Holiday Calendar
Mr. Gowan noted that the proposed revised calendar amended the dates of Commission Meetings in
October to fall on the normal second and fourth Monday of the month and asked for Commission
consideration of moving the April 22, 2024 Commission Meeting as it fell on the start of Passover.
MOTION THAT MEETING SCHEDULED APRIL 22ND BE MOVED TO APRIL 29TH AND INCLUDE
CORRECTIONS FOR THE MONTH OF OCTOBER.” MOTION BY COMMISSIONER JOHNSON.
SECONDED BY COMMISSIONER RESNICK. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
501) Discussion on City Manager Search/Selection Process1
Discussion began with a suggestion to hire a different company to assist the City in finding a City
Manager and then turned to Korn Ferry’s experience, national rankings, concerns about tax payer
money already spent on the process, experience with hiring processes, and next steps.
Further discussion followed on the timeline of events since the former City Manager retired, concerns
about Korn Ferry and their handling of the process, the desire to engage a company that charged a
flat rate, and concerns about people trying to force a c ompany onto the City.
Mayor McCann briefly reviewed that the City had paid Korn Ferry approximately $84,000 to date and
reviewed the agreement.
Discussion followed on the possibility of promoting within, concerns about the lack of experience
related to candidates provided by Korn Ferry, concerns about Korn Ferry’s advertisement of the
position, the potential of keeping Korn Ferry on board, current and past employees who were not
presented to the Commission for consideration, and the need to work together to get the City back
on track.
MOTION TO DIRECT CITY STAFF AND CITY ATTORNEY TO REACH OUT TO CANDIDATE
CHRISTOPHER MILLER AND OFFER HIM THE POSTION OF CITY MANAGER IF STILL AVAILABLE."
MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION.
VOTE: BRUCE (NAY); JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE); BENTON (AYE)
MOTION FAILED 3-2.2
1 Several items were entered into the record during this discussion. All documents are attached to these minutes.
2 Pursuant to Article 5, Section 5.01 of the City Charter, “The city commission, by the affirmative vote of not less than four
4) commission members, shall appoint a city manager and fix the manager's compensation. The city manager shall be
appointed solely on the basis of executive and administrative qualifications and shall serve at the pleasure of the
commission.”
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Discussion followed on suggestions for next steps, previous discussions and efforts to engage search
firms, a reference to potential interference in the process and involving the Attorney General,
unsolicited applications received by the Mayor and Commission, and the need for a company with
experience hiring for the public sector in Florida.
I MAKE A MOTION TO FIRE KORN FERRY AND SEEK OUT ONE OF THESE FOUR COMPANIES ON
PAGE 7 OF 7 IN THE AGENDA PACKET3.” MOTION BY COMMISSIONER RESNICK. SECONDED BY
COMMISSIONER BRUCE. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (NAY); RESNICK (AYE); ELLIOTT (AYE); BENTON (NAY)
MOTION CARRIED 3-2.
Attorney Garganese recommended that the Purchasing Manager reach out to the four (4) companies
to receive something that can be reviewed at the next Commission meeting.
502) Retainer of Additional Legal Counsel Regarding the Joint Legislative Auditing Committee
JLAC), Auditor General Operational Audit
Mayor McCann briefly reviewed JLAC attendance, noted the upcoming Inspector General process,
and noted that the City Manager had signed a retainer with a South Florida law firm to assist the City
with this matter.
In response to a question from the Commission, Attorney Garganese noted that this matter was not
outside his scope of services, reviewed his role in the JLAC process, his advice to the City, and noted it
was the Commission’s decision if they wanted to obtain additional legal representation.
Discussion followed on the need for additional representation, concerns, and uncertainty about JLAC
and the Inspector General process, need for specialized counsel, and ensuring that the firm had
experience in working on similar matters.
Attorney Garganese noted he had not previously represented any municipality going through an
Inspector General process and agreed that it was a specialized area.
A lengthy discussion then followed on the City’s reserves and Ms. Donna Bruno, Interim Director,
Finance Department reviewed financial information that had been provided to JLAC.
Returning to the matter of additional legal representation, the Commission asked what action they
would be authorizing and specific language to use.
Attorney Garganese explained that if the Commission voted to retain additional legal representation
they would ratify the City Manager’s actions and authorize further spending, at their discretion,
beyond the $50,000 limit.
I MAKE A MOTION TO RETAIN ADDITIONAL LEGAL COUNSEL REGARDING THE JOINT
LEGISLATIVE AUDITING COMMITTEE AUDITOR GENERAL OPERATIONAL AUDIT AND ANY OTHER
RELATED LEGAL MATTERS.” MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY
MAYOR BENTON. DISCUSSION.
VOTE: BRUCE (NAY); JOHNSON (AYE); RESNICK (NAY); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 3-2.
3 The Companies noted are (1) Torch Group, (2) Slavin Management Consultants, (3) S Renee Narloch & Associates, (4)
Baker Tilly US LLP
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502a) Discussion on Father Daughter Dance
Commissioner Elliott asked about the upcoming Father/Daughter Dance and situation that occurred
last year related to reservations.
Mr. Brian Dunigan, Director, Operations Department noted that changes had been made to the
registration process related to allowable number of reservations and assigning tickets to individuals
rather than households.
503) Appointment Opportunities for City Boards and Committees
Mr. Gowan reviewed the current vacancies and noted that the Board of Trustees did not have enough
members at this time to establish a quorum.
COMMISSIONER BRUCE NOMINATED DAVID WITHEE FOR REAPPOINTMENT TO THE BOARD OF
TRUSTEES. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
504) New Business
Commissioner Resnick noted his previous request related to a water plan to assess the condition and
plans of water bodies throughout the City.
Commissioner Johnson asked about information available on the website and keeping updates
posted.
Interim Manager Hursh noted a sedimentation bid was currently being advertised and reviewed the
timeline for projects related to creeks and water bodies.
Mayor McCann noted that Seminole County was also conducting basin studies and reviewed the City’s
role in that process.
REPORTS
600) Interim City Manager Phil Hursh
Noted an upcoming meeting with Tuskawilla Crossing HOA related to pond repairs
601) City Attorney Anthony A. Garganese
No report
602) City Clerk Christian Gowan
Noted applications for City Chaplain were being accepted through January 11, 2024
Noted the upcoming State of the County event and plans to reserve a table for the City.
606) Mayor Kevin McCann
Noted upcoming Leadership Seminole summit on January 26th and desire to get a table for
this event.
Noted upcoming events including the Highland Games, Fifth-Third Bank ribbon cutting, and
a Lake Monroe Amateur Radio event at Central Winds Park
Noted attendance at CALNO Meeting and a meeting with Representative David Smith and
Mayor Megan Sladek related to water and wastewater treatment.
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607) Seat One Commissioner/Deputy Mayor Matt Benton
No report
608) Seat Two Commissioner Victoria Bruce
Wished everyone a Happy New Year.
Noted recent Tuscawilla mailbox vandalism and a fatal accident and thanked the Winter
Springs Police Department for keeping everyone informed and safe.
Noted working with Staff regarding streetlight repair in Tuscawilla.
603) Seat Three Commissioner Ted Johnson
No report
604) Seat Four Commissioner Cade Resnick
Noted the upcoming Highland Games and his planned attendance at the Father/Daughter
Dance.
Noted kids were returning to school and asked that everyone be mindful.
Encouraged everyone to pay attention to weather alerts.
605) Seat Five Commissioner Rob Elliott
Noted his attendance and participation in Christmas events and encouraged more
participation.
Noted the process by which the Tuscawilla Lighting and Beautification District Advisory
Committee had selected new lights.
PUBLIC INPUT
Mayor McCann opened Public Input.
Mr. Art Gallo, 199 Nandina Terrace, Winter Springs spoke regarding Item 501, didn't agree with hiring
a new company and thought Korn Ferry should still be used with different account representatives.
Mr. William Morrisey, 965 Sequoia Drive, Winter Springs spoke about trust, lack of trust in dais, and
JLAC comments.
Mr. Ruben Trevino, 791 Sailfish, Winter Springs thanked the Commission for the discussion on sharing
information about creek cleanup efforts.
Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs noted that she agreed with Mr. Gallo’s
comments and asked if Korn Ferry could be retained until it was determined if another company
would be available.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 10:11 p.m.
THE FOLLOWING ITEMS WERE ENTERED
INTO THE RECORD DURING THE DISCUSSION
OF ITEM 501: DISCUSSION ON CITY MANAGER
SEARCH/SELECTION PROCESS AT THE
JANUARY 8, 2024 CITY COMMISSION REGULAR
MEETING