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HomeMy WebLinkAbout2023 02 13 Consent 305 - Approval of the Minutes from the Monday, January 23, 2023 City Commission Regular Meeting • CONSENT AGENDA ITEM 305 ,n m=ared CITY COMMISSION AGENDA I FEBRUARY 13, 2023 REGULAR MEETING 1959 TITLE Approval of the Minutes from the Monday,January 23, 2023 City Commission Regular Meeting SUMMARY RECOMMENDATION Staff recommends City Commission approve the Minutes as presented. 32 i CITY COMMISSION Incorporated REGULAR MEETING MINUTES 1959 MON ®AY, JAN UARY 231 2023 AT 6:30 PM CITY HALL- COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 33 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday,January 23,2023 of the City Commission to order at 6:30 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 City Manager Shawn Boyle, present City Attorney Anthony A. Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation.The Winter Springs JROTC presented the colors, Ms. Katelyn Mclnturff sang the Star Spangled Banner and the Mayor then led the Pledge of Allegiance. AWARDS AND PRESENTATIONS 100) Recognition of 2022 Hometown Hero Mayor McCann and the City Commission recognized Mr. Allan Haslam and K-9 Bailey as the 2022 Hometown Heroes. Mayor McCann read a Proclamation recognizing Mr. Haslam and Bailey and presented the Proclamation to Mr. Haslam. Mr. Haslam shared some remarks and thanked the City for this honor. 101) Recognizing the Retirement of Sergeant Allison Smith Chief Matt Tracht reviewed Sergeant Allison Smith's career with the City of Winter Springs and thanked her for her years of dedicated service. Mayor McCann read a Resolution in honor of Sergeant Smith. Sergeant Allison Smith then shared remarks and her appreciation for her family and her Winter Springs Police Department family. The meeting was recessed at 7:08 p.m. and called back to order at 7:22 p.m. Mayor McCann asked if there were any changes to be made to the agenda. Commissioner Benton asked that Item SOS be discussed immediately following Item 500. There was no objection and no further changes were made. Commissioner Resnick discussed the length of the agenda and asked for a discussion to take place at 8:30 p.m. prior to any extension. INFORMATIONAL AGENDA 200. Not Used CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 23, 2023 1 PAGE 2 OF 8 34 PUBLIC INPUT Mayor McCann opened Public Input. Mr. David Florman, 770 E Bahama Road, Winter Springs spoke about gas lighting, the moon, and concerns with various levels of government. Ms. Sheila Benton, 474 Cedarwood Court, Winter Springs shared concerns about suppression of people sharing their viewpoints and the importance of public input. Mr. Geoff Kendrick, 7784 Trotwood Boulevard, Winter Springs shared comments and concerns about inconsistent on-street parking enforcement. Mr. Maurice Kapro w, PO Box 795223, Winter Springs spoke about public input opportunities and spoke in support of a warding the Key to the City to former Commissioner Kevin Cannon. Mr. Bob Miller, 679 Silver Creek Drive, Winter Springs thanked the Commissioners for attending the Highland Games the past weekend and spoke about a community petition to close Shore Road and replace it with a park and pond. Mr. Ken Greenberg 7635 White Dove Drive, Winter Springs spoke about previous comments he made suggesting something be named in honor of Arnie Nussbaum, thought the length of the meetings warranted looking at revising the start time of meetings earlier, and thought criteria should be developed for the Key to the City. Mr. Charles Cistron, 7795 Trotwood Boulevard, Winter Springs spoke about on-street parking regulations, enforcement, and speeding concerns. Mr. Kevin Cannon, PO Box 795447, Winter Springs spoke about provisions in the Florida Constitution related to the citizen s declaration of rights, open meetings, and consideration of the rules of the City Commission. Mayor McCann closed Public Input. CONSENT AGENDA 300) Resolution No.2023-05 Extending the Declaration of Local Emergency related to Ongoing Hurricane Ian Recovery No discussion 301) Review and Approval of Roadway&Drainage Expenditures Approved by the City Manager as Authorized by the City's Emergency Orders Related to Hurricane Ian No discussion 302) Approval of the Minutes from the Monday, October 3, 2022 City Commission Special Meeting No discussion 303) Approval of the Minutes from the Monday, December 12, 2022 City Commission Regular Meeting No discussion CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, JANUAPY 23, 2023 1 PAGE 3 OF 8 35 304) Approval of the Minutes from the Monday,January9,2023CityCommission Special Meeting No discussion "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED BY COM MISSIONERJOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(AYE);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 5-0. PUBLIC HEARINGS AGENDA 400) Second Reading and Adoption of Ordinance 2022-11 amending Chapter 20, Zoning, to regulate self-service storage facilities and allowthem as a conditional use in certain zoning districts,provide clarification on the intent of the C-3 Hwy 17-92 zoning district,and provide for additional regulations related to the design and operation of self-service storage facilities. Attorney Garganese read Ordinance 2022-11 by title, reviewed the previous postponement to preserve advertising, and noted the version presented was previously approved for first reading and included recommendations made by the Planning and Zoning Board. Discussion followed on residence for security personnel on property and the possibility of removing the provision from the Ordinance Mayor McCann opened Public Input for Item 400. No one addressed the Commission. Mayor McCann closed Public Input for Item 400. "MOTION TO AMEND ORDINANCE 2022-11 TO REMOVE SECTION 9 ON PAGE 8 OF 9 WHICH ALLOWS A DWELLING UNIT AND RETAIN THE REMAINDER OF THE ORDINANCE IN ITS ENTIRETY." MOTION BY DEPUTY MAYOR ELLIOTT.SECONDED BY COMMISSION ER JOHNSON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOH NSON (AYE);RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 4-1. REGULAR AGENDA ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. ❖❖ 500) Consideration of Presenting Kevin Cannon with a Key to the City Commissioner Johnson noted he had brought up the discussion previously, reviewed what he thought were former Commissioner Cannon's qualifications, and noted they were attached to the agenda. Discussion followed on criteria for awarding the Key to the City,concerns about awarding the key,and previous discussions in 2015 to develop criteria.The Commission agreed that criteria could be looked at for a future meeting. Attorney Garganese noted it was the Commission's prerogative to determine any criteria. CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, JANUAPY 23, 2023 1 PAGE 4 OF 8 36 "I MAKE A MOTION THAT WE AWARD THE KEY TO THE CITY TO COMMISSIOENR [KEVIN] CANNON." MOTION BYTED JOHNSON.SECONDED BY MATT BENTON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(AYE); ELLIOTT(AYE) MOTION CARRIED 4-1. 505) Discussion on Chapter 2, Article II, Sections 2-27; 2-26; and 2-29, City Code - Rules and Procedures of the City Commission Commissioner Resnick discussed communications with developers and vendors, thought questions were being asked on the dais that could be asked of Staff, noted the potential need for a training, length of meetings in neighboring communities, and reviewed previous changes over time to the rules related to start and stop time and public input opportunities. Mayor McCann asked that one issue at a time be addressed and Commissioner Resnick asked that meeting time be addressed first and noted that when the start time for meetings was changed to 6:30 p.m.,there was no related change to the 8:30 p.m.stop time. Commissioner Benton noted he agreed with the removal of the stop time and Section 2-27(L) in its entirety, spoke about the requirement for meetings in the sunshine, previous meetings that went to lam or longer. "MOTION TO EXTENDTHE MEETINGTHROUGH SECOND PUBLIC INPUT." MOTION BYDEPUTYMAYOR ELLIOTT.SECONDED BYCOMMISSIONER BENTON. DISCUSSION. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT(AYE) MOTION CAPRI ED3-2. Attorney Garganese noted that the vote margin of the motion to extend required the Commission revisit the matter at 10 p.m. and noted a supermajority requirement to extend beyond 10 p.m. "I MAKE A MOTION TO AMEND ORDINANCE 2016-09 SECTION 2-27(L)TO REMOVE THIS SECTION FROM THE ORDINANCE." MOTION BYCOMMISSIONER BENTON. MOTION DIED FOR LACKOF A SECOND. Discussion followed on Section 2-27(L), City Code, resident's ability to participate in late meetings,the amount of work to get done and concerns about slowing down the City's progress,the removal of the 8:30 p.m. initial stop time and potential change to the hard stop, the potential need for more meetings,start time of meetings, and limitations on discussion currently in the rules. Further discussion followed on changes in access to the meetings, future discussions about livestreaming, training on Sunshine Laws, Staff time, and data available about who is listening and if and when people drop off from the audio stream. "I MAKE A MOTION TO AMEND ORDINANCE 2016-09 SECTION 2-27(L)TO REMOVE THIS SECTION FROM THE ORDINANCE." MOTION BYCOMMISSIONER BENTON.SECONDED BYCOMMISSIONERJOHNSON. DISCUSSION. VOTE: BENTON (AYE):COLANGELO(NAY);JOHNSON (AYE);RESNICK(NAY);ELLIOTT(AYE) MOTION CAPRI ED3-2. Mayor McCann next asked that the issue of ex-parte communications be discussed. Attorney Garganese opined about potential impacts of ex-parte communications on quasi-judicial CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 23, 2023 1 PAGE S OF 8 37 decisions, noted the ability for Commissioners to arrange meetings with Staff through the City Manager, and requirements to disclose inadvertent ex-parte communications at meetings where matters are being discussed. Attorney Garganese then reviewed the ex-parte communication rules in Section 20-30(77), City Code related to reasonable expectations, designated time frames, and further reviewed requirements related to disclosure of ex-parte communications. Discussion about agenda and time management,further rule changes to be discussed,the possibility of a workshop, and providing the City Manager with further specifics as to what should be discussed at a future meeting. Brief discussion followed on when further rule changes could be addressed and when an ordinance could come before the Commission. Mayor McCann asked that Item 502 be discussed next.There were no objections. 502) Design and Performance of Stormwater Management Systems- Part 2 Briefing Mr. David Hamstra, Pegasus Engineering presented Part 2 of a planned 3-part stormwater design and performance presentation. Mr. Hamstra discussed vacant developable parcels in the City and noted they were all located north of State Road 434,flooding that occurred south of 434, land and soil types, runoff potential, the extraordinary conditions associated with Hurricane Ian, antecedent moisture conditions,the fact that Hurricane Ian was between a five hundred and one thousand year flood event experienced in Winter Springs, and flood-affected areas based on reports received. Discussion followed on average rainfall in September versus actual rainfall, infrastructure improvements, studies related to the receding of floodwater, open and closed basins, pumping of water, and consideration of neighboring communities being addressed in the next presentation. Mr. Hamstra noted work being done in Orange County related to regional stormwater standards and said that this could be shared with the Commission. Brief discussion on the conditions of creeks within the City. Manager Boyle noted that work had recently been completed to document the condition of creeks and that video could be shared if time permitted. Further discussion about soil types, drainage, and open versus closed basins. Mr. Hamstra then noted a recent meeting attended with the Seminole County Mitigation Group, consideration of projects for funding and a favorable response for Winter Springs. Mr. Hamstra noted an Elevation and Acquisition Program administered by FEMA. Manager Boyle reviewed associated financial requirements and the need for specific homeowners to come forward iftheywere interested. Discussion followed on a potential workshop to share information about the program with residents and allow them to express their interest and make a soft commitment. Manager Boyle noted Staff would work to set a date for a workshop and advertise appropriately. Brief discussion on the difference between the FEMA public assistance program and the hazard mitigation program, the County's role in the process, and other available funding for recovery and mitigation projects. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 23, 2023 1 PAGE 6 OF 8 38 "I MAKE A MOTION TO EXTEND THE MEETING PAST 10P.M.THROUGH FINAL PUBLIC INPUT." MOTION BY DEPUTY MAYOR ELLIOTT.SECONDED BY COMMISSIONER JOHNSON.DISCUSSION. Commissioner Resnick asked if an amendment could be considered to extend the meeting through the current item.The amendment was not agreed to. VOTE: BENTON (AYE);COLANGELO(NAY);JOHNSON (AYE); RESNICK(NAY); ELLIOTT(AYE) MOTION FAILED 3-2. ADJOURNMENT Mayor McCann adjourned the meeting at 10:00 PM. ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED DURING THIS MEETING. ❖❖ 501) Extension of Permitting Fee Waivers Related to Hurricane Ian 503) Appointment of City Chaplain for 2023 504) Appointment Opportunities for City Boards and Committees 506) New Business REPORTS 600) City Manager Shawn Boyle 601) City Attorney Anthony A.Garganese 602)City Clerk Christian Gowan 603) Seat Four Commissioner Cade Resnick 604) Seat Five Commissioner/Deputy Mayor Rob Elliott 605) Mayor Kevin McCann 606) Seat One Commissioner Matt Benton 607) Seat Two Commissioner Victoria Colangelo 608) Seat Three Commissioner Ted Johnson PUBLIC INPUT CITY COMMISSION MINUTES I REGULAP MEETING I MONDAY, JANUAPY 23, 2023 PAGE 7 OF 8 39 RESPECTFUL L V SUBMITTED: CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: MAYOR KEVIN McCANN NOTE: These Minutes were approved at the 2023 City Commission Regular Meeting. CITY COMMISSION MINUTES I REGULAR MEETING I MONDAY, JANUARY 23, 2023 1 PAGE 8 OF 8 40