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HomeMy WebLinkAbout2023 03 13 City Commission Regular Meeting Minutes CITY COMMISSION REGULAR MEETING MINUTES MONDAY, MARCH 13, 2023 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 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 , M A R C H 13, 2 0 2 3 | P A G E 2 O F 10 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, March 13, 2023 of the City Commission to order at 6:32 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, absent Interim City Manager Phil Hursh, present City Attorney Anthony A. 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 Colangelo requested Items 303 and 304 be discussed prior to a vote on the Consent Agenda. There was no objection and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Certificate of Safety Recognition awarded to the Police Department. Chief Matt Tracht introduced Mr. Trevor Reschny, Florida League of Cities, Safety and Risk Consultant. Mr. Reschny noted conducting a safety assessment of the Winter Springs Police Department, a score of 90% overall, noted 7 categories that were evaluated, and presented Chief Tracht with a Certificate of Safety Recognition Award. 101) The Winter Springs Police Department Recognizes the Officer of the Year, Investigator of the Year, and Civilian Member of the Year. Chief Tracht recognized the Officer of the Year, Andrew Jones; Investigator of the Year Matt Scovell; and Civilian Member of the Year Kelly Davis. 102) Promotion Ceremony-Officer Lynn Saccente Chief Tracht promoted Officer Lynn Saccente to Sergeant and administered the Oath. 103) Winter Springs Police Department Swearing In Ceremony for New Police Officer Chief Tracht swore in new Officer Matthew Deveraux. INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. PUBLIC INPUT Mayor McCann opened Public Input Ms. Iris Mennens, 1451 Creekside Circle, Winter Springs noted she was representing certain residents of Creekside Circle, spoke about erosion concerns in their neighborhood, associated damage, and presented a petition to the Commission. 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 , M A R C H 13, 2 0 2 3 | P A G E 3 O F 10 Ms. Christina Higley, 420 Park Lake Drive, President, Avery Park HOA spoke about the proposed self- storage project, communications with a Commissioner, and a proposed annexation and development project. Mr. Maurice Kaprow, PO Box 195233, Winter Springs spoke about a proposed resolution condemning antisemitism and asked that the Commission consider adopting such a resolution if deemed appropriate. Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs spoke about a petition to not repair Shore Road, traffic and speeding concerns associated with the repaired road, and the need for traffic calming measures throughout the City. Ms. Gina Shafer, Winter Springs Village, Winter Springs asked that all Commissioners attend the Community Workshop regarding the proposed self-storage project. Mr. Kevin Cannon, PO Box 195447, Winter Springs urged the Commission to start implementing traffic calming on City roads and t hought the speed limit on Winter Springs Boulevard should be uniform at 25mph. Mayor McCann closed Public Input. CONSENT AGENDA 300) Resolution No. 2023-11 Extension #9 of the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery No discussion 301) Bench Donation from Oviedo-Winter Springs Lions Club No discussion 302) 3rd Generation Infrastructure Surtax - Revised Project List No discussion 303) East WRF (Water Reclamation Facility), Grit Chamber Cleaning 304) West WRF (Water Reclamation Facility), Unit 1 Additional Structural Repairs Commissioner Colangelo asked why Veolia was not paying fees for repairs of the East and West plants. Discussion followed on contractual responsibilities, major versus routine maintenance, and the timeline for the new plants. Mayor McCann asked if plants were in need of replacement, literally crumbling (yes) Commissioner Benton asked if Mr. Petrie would estimate the $250k covers the regular maintenance (yes, that is intention) 305) Approval of the Minutes from the Monday, February 27, 2023 City Commission Regular Meeting No discussion. 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 , M A R C H 13, 2 0 2 3 | P A G E 4 O F 10 "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. PUBLIC HEARINGS AGENDA 400) First Reading of Ordinance No. 2023-02: 1333 Highway 17-92 Voluntary Annexation of real property owned by Florida Auto Auction Properties, LLC. “MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONERJOHNSON. SECONDED BY DEPUTY MAYOR ELLIOTT. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2023-02 by title. Mr. Nick Tafelsky, Senior Planner, Community Development Department revie wed the parcels included in the annexation request and noted he was available for questions. Discussion followed on liability concerns related to pollution identified by the Environmental Protection Agency (EPA). Attorney Garganese noted there was groundwater contamination on the site, reviewed information in the Record of Decision, and further considerations. Further discussion followed on utility provision, movement of soil, and plans for the property. Mr. Jim Willard, Shutts & Bowen, 300 South Orange Avenue, Orlando, representative of Florida Auto Auction Properties, noted the history of the property and the contamination including a 2010 designation as a Superfund site and the Record of Decision from last year. Mr. Willard then reviewed the estimated cost and time of cleanup and noted that the applicant wanted the property’s main use to be parking for cars. Discussion followed on agreements to remediate the contamination, current plans for the property, and concerns related to stormwater runoff. Further discussion on awareness about stormwater standards and changes being looked at, groundwater versus soil contamination, availability of potable water, further liability concerns , willingness to enter into a Hold Harmless Agreement, and a timeline for remediation. Mr. Willard noted that new wells were planned to be installed within the year and groundwater contamination was expected to be brought to acceptable levels within five years. Further discussion about the planned use for the property, why annexation was necessary, the reliability of utility provision, and current activity on the site. Attorney Garganese noted potential risk exposure detailed in the staff report, recommend indemnity and hold harmless agreement be made, noted the site met general requirements of annexation but that it was a complicated consideration. Discussion followed on communications with the EPA and the desire for more information before a decision was made. 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 , M A R C H 13, 2 0 2 3 | P A G E 5 O F 10 Attorney Garganese noted he was willing to discuss the site with the EPA and the Interim Manager. Mayor McCann opened the Public Hearing for Item 400. Mr. Kevin Cannon, PO Box 195447, Winter Springs asked that no action be taken tonight and proposed a number of steps that he felt should be taken prior to any action. Mr. Cannon further noted he thought apartments would likely be proposed in the future and shared concerns about a plume of contaminants and water sources. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted that she agreed with pre vious comments on waiting, Mayor McCann closed the Public Hearing for Item 400. Brief discussion about postponing a decision on the item. Attorney Garganese noted direction was needed and advised the Commission of their options. "MOTION TO POSTPONE FIRST READING OF ORDINANCE 2023-02 WITH CAVEAT THAT CITY ATTORNEY WORK WITH APPLICANT TO GATHER ADDITIONAL INFORMATION AND WORK ON HOLD HARMLESS AGREEMENT." MOTION BY DEPUTY MAYOR ELLIOTT. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. REGULAR AGENDA 500) Reclaimed System Disposal Evaluation Mr. Scott Richards and Ms. Meera Jashi, 200 E. Robinson Street, Carollo Engineers presented on Reclaimed System Disposal Evaluation. Ms. Jashi presented an overview of the City's reclaimed disposal sites including four (4) Rapid Infiltration Basins (RIBs) and three (3) spray fields, and reviewed the proposed project objectives, and scope of work. - Discussion followed on Duke Energy’s involvement in the project related to power poles, potential permit impacts, budgeting, and associated costs and timeline Mayor McCann opened Public Input for Item 500. No one addressed the Commission. Mayor McCann closed Public Input for Item 500. "MOTION TO APPROVE ITEM 500, RECLAIMED SYSTEM DISPOSAL EVALUATION." MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. 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 , M A R C H 13, 2 0 2 3 | P A G E 6 O F 10 501) Update to City Commission on the current application for funding to the Natural Resources Conservation Service (NRCS). Mr. David Hamstra, Pegasus Engineering gave an update on Stormwater Grants that the City had pursued,through NRCS, shared conceptual project costs, and discussed plans to meet with residents about matching funds required to pursue the installation of sheet wall. Discussion followed on HOA contributions, the need for resident buy in, maintenance responsibilities, and other associated costs. Mr. Hamstra then discussed the Hazard Mitigation Grant Program (HMGP), noted a successful meeting with Seminole County and that all projects had been funded. Mr. Hamstra discussed the need to prioritize projects and determine if the City would commit to funding by the deadline of May 31, 2023. Finally, Mr. Hamstra reviewed previously presented higher stormwater standards alternatives. 502) Discussion on Time of Awards and Presentations Ceremonies Commissioner Johnson noted proposing the idea of moving Awards/Presentations to 6:00pm separate from the Commission Meeting to potentially shorten meeting times. Discussion followed with no clear consensus on the proposed change and on the possibility of moving the start time of the meeting. Mayor McCann opened Public Input for Item 502. Mr. Maurice Kaprow, PO Box 195223, Winter Springs was in favor of maintaining the 6:30pm start time of meetings and continuing to include the Awards and Presentations. Mr. Kevin Cannon, PO Box 195447, Winter Springs spoke in favor of maintaining the start time of the meetings and thought recognition was a vital part of City business. Ms. Karen Myer, 741 Andover Circle, Winter Springs was in favor of keeping the start time at 6:30pm. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs proposed a test period of starting meetings at 6pm and the option to move it back to 6:30pm. Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs noted her long attendance at Commission meetings, the need to keep the start time at 6:30pm, and the importance of recognizing people during the meetings. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke in favor of keeping the meeting start time at 6:30pm and continuing to recognize Staff and others in the community during the meetings. Mayor McCann closed Public Input for Item 502. 503) Discussion on Naming of Trotwood Park Facilities Commissioner Johnson noted his previous recommendation to honor two residents, Arnie Nussbaum and Dan Holsenbeck, by naming a new pavilion and basketball court in their honor respectively. 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 , M A R C H 13, 2 0 2 3 | P A G E 7 O F 10 "MOTION TO APPROVE NAMING TROTWOOD PARK BASKETBALL COURT IN HONOR OF DR. DAN HOLSENBECK AND THE FUTURE PAVILION IN HONOR OF ARNIE NUSSBAUM." MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. The Commission asked that a letter be sent to the two families to inform them of the approved facilities. 504) Discussion on Winter Springs Boulevard Speed Limit Commissioner Johnson noted that speed limits throughout Tuscawilla were at 25 miles per hour except for Winter Springs Boulevard, noted he wished to lower the speed limit on Winter Springs Boulevard to 25mph for consistency, and commented on the volume of traffic that uses the road. Commissioner Johnson also encouraged more speed calming devices on this road and other locations throughout the City. Interim Manager Hursh noted the planned raising of intersections along Winter Springs Boulevard. Chief Tracht noted previous discussions about Winter Springs Boulevard and recommended installation of devices and collected data to inform any decision on the speed limit. Mayor McCann opened Public Input for Item 504. Mr. Kok Wan Mah, 145 Nandina Terrace, Winter Springs encouraged a spot speed study. Ms. Karen Myer, 741 Andover Circle, Winter Springs noted the need to consider what the driver is willing to drive. Mr. Kevin Cannon, PO Box 195447, Winter Springs was in favor of the change to create consistency. Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs spoke about the 85th percentile and speeding enforcement. Mayor McCann closed Public Input for Item 504. Brief discussion followed on development in neighboring communities and potential impacts on Winter Springs Boulevard. "MOTION TO APPROVE, IN CONJUNCTION WITH PLANNED IMPROVEMENTS ON WINTER SPRINGS BOULEVARD, THAT THE SPEED LIMIT BE REDUCED TO 25 MILES PER HOUR." MOTION BY COMMISSIONER JOHNSON. SECONDED BY DEPUTY MAYOR ELLIOTT. DISCUSSION. VOTE: BENTON (AYE); COLANGELO (AYE); JOHNSON (AYE); ELLIOTT (AYE) MOTION CARRIED 4-0. 505) City Manager Recruitment Process Mayor McCann noted that the information in the packet was an example of what was previously used for reference. Attorney Garganese noted the options that the City had, suggested that a consultant may be the 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 , M A R C H 13, 2 0 2 3 | P A G E 8 O F 10 appropriate approach to do a national search, noted selected firm would work to develop the announcement and guide the City through the process. Discussion followed on the national search process, the importance of not excluding local candidates, and the possibility of using whatever firm was chosen to fill vacancies in departmen t director positions. The Commission agreed that they wanted to hire an agency and Attorney Garganese noted that a Request for Proposals would likely be required and then the firm could be selected among the respondents. 506) New Business Commissioner Benton noted the donation of a bench accepted during the Consent Agenda and asked if the group had sought recognition. Continuing, Commissioner Benton wanted to see if a traffic study was possible for Edgemon, Murphy, Hayes, and Shore Road. Commissioner Colangelo asked about black pipes stacked along State Road 434. Interim Manager Hursh noted that these were for the reclaimed water extension to Tuskawilla Crossing. Deputy Mayor Elliott noted a discussion with a potential developer and asked that a discussion be placed on a future agenda about requiring non-binding presentations for development. Continuing, he noted his intention to attend the Community Workshop related to the proposed self -storage project and asked about the possibility of annexing the property through either an interlocal agreement with Seminole County or a pre-annexation agreement with the property developer. Deputy Mayor Elliott asked the Commission to consider pursuing both options. Attorney Garganese noted Florida Statutes related to parcels less than 110 acres that allows enclaves to be annexed through an interlocal agreement which would be proposed to Seminole County and noted potential legal challenges. Attorney Garganese explained the other option was a pre- annexation agreement which would require the City to reach out to the property owner and discuss options. Further discussion followed on reaching out to the property developer and Attorney Garganese noted he could draft an agreement that would come back to the Commission for final approval. REPORTS 600) Interim City Manager Phil Hursh  Noted the repair of Shore Road had begun and anticipated a 3-4 week timeline for completion.  Noted the repair of Wade Street was forthcoming for approval  Noted that the Mt. Laurel stormwater repair would occur in April;  Noted resurfacing was on its way and noted a water line on Sheoah Boulevard that required surveying and would potentially need to be relocated which could impact the schedule. 601) City Attorney Anthony A. Garganese No report 602) City Clerk Christian Gowan No report 603) Seat Two Commissioner Victoria Colangelo 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 , M A R C H 13, 2 0 2 3 | P A G E 9 O F 10  Commissioner Colangelo noted discussion with UCF Incubator  Asked about looking into cost share programs with the St. Johns River Water Management District. 604) Seat Three Commissioner Ted Johnson  Noted he wanted to have a future dialogue about stormwater ponds on private property and any assistance the City could offer. 605) Seat Four Commissioner Cade Resnick  No report - absent. 606) Seat Five Commissioner/Deputy Mayor Rob Elliott  Noted meeting with the UCF Incubator and their intent to come back before the Commission;  Noted the upcoming Community meeting related to the self-storage project;  Noted filling in for the Mayor at a birthday party for a resident celebrating turning 107 years old. 607) Mayor Kevin McCann  Noted Entrance Conference with State Auditors, County audits starting next week;  Noted he agreed with helping residents that live on/by ponds; 608) Seat One Commissioner Matt Benton No report PUBLIC INPUT Mayor McCann opened Public Input. Ms. Carolyn Wallace, 1461 Creekside Circle, Winter Springs noted about eight impacted homes, erosion, concerns about unaffected HOAs not wanting to contribute, requested copy of Pegasus report Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke in favor of adopting the extreme rainfall factor, shared suggestions for providing information about Arnie and Dan Holsenbeck at the facilities; asked about additional speed limit signage on Michael Blake Boulevard; was in favor of a regional rather than a national search for City Manager Mr. Art Gallo, 199 Nandina Terrace, Winte r Springs thanked the City for their work thus far to get FEMA and NRCS assistance, asked about HOA contributions, and encouraged reaching out to HOAs to further discuss. Mr. Maurice Kaprow, PO Box 195223, Winter Springs spoke about the annual Diversity Workshop. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 10:58 P.M.