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HomeMy WebLinkAbout2024 04 08 City Commission Regular Meeting Minutes CITY COMMISSION REGULAR MEETING MINUTES MONDAY, APRIL 8 , 2024 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 , A P R I L 8 , 2 0 2 4 | P A G E 2 O F 6 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, April 8, 2024 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 Matt Benton, present Commissioner Victoria Bruce, present Commissioner Ted Johnson, absent 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 Kyle Stewart led the invocation followed by the Pledge of Allegiance. Mayor McCann asked if there were any changes to the agenda and noted he would like to add a regular agenda item to address questions related to the recent visit of the Inspector General. Commission Bruce asked that Consent Agenda Items 301, 302, and 303 be discussed prior to approval. No other changes were made and the agenda was adopted. AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA 200) Current Development Projects Summary No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs shared concerns about creek cleaning and clearing in her area. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs read a statement he prepared regarding the use of certain language. Mayor McCann closed Public Input. CONSENT AGENDA 300) Donation of Fishing Poles for Fish Winter Springs 2024 No discussion. 301) 2024 Financial Forecast Mr. Bilal Iftikhar, Director, Utilities Department explained that this item was related to the continuation of the rate study to determine sufficient revenue for ongoing projects. Discussion followed on potential future rate increases and the status of the City’s first State Revolving Fund Loan (SRF). 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 , A P R I L 8 , 2 0 2 4 | P A G E 3 O F 6 302) Potable Water Pipe Inventory and Improvement Plan Mr. Iftikhar noted his previous presentation and explained that this item related to plans to repair and replace potable water lines. Discussion followed on the inventory process, GIS and mapping updates to avoid future water main breaks, and impacts on water quality. Mr. Iftikhar noted that the City’s water met all Florida Department of Environmental Protection (FDEP) requirements and ongoing work to continue to address aesthetic issues. 303) Selection of RFP#03-24-01 TR 2050 Comprehensive Plan Services Ms. Terrilyn Rolle, Director, Community Development Department noted this item was related to planned Comprehensive Plan updates, state requirements, and the timeline for this project. 304) Approval of the Minutes from the Monday, March 25, 2024 City Commission Regular Meeting No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: BRUCE (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 4-0. PUBLIC HEARINGS AGENDA 400) Second Reading of Ordinance Number 2024-04: 4301 SR 419 - Voluntary Annexation of Real Property Attorney Garganese read Ordinance 2024-04 by title for Second Reading and noted no changes since first reading. Mayor McCann opened the Public Hearing for Item 400. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 400 "MOTION TO APPROVE ITEM 400.” [APPROVAL OF THE SECOND READING OF ORDINANCE NUMBER 2024-04: 4301 SR 419 - VOLUNTARY ANNEXATION OF REAL PROPERTY] MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR BENTON. DISCUSSION. VOTE: BRUCE (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 4-0. REGULAR AGENDA 500) Agreement with Slavin Management Consultants for Executive Search Services Mr. Bob Slavin, Slavin Management Consultants was present via Zoom, noted his work around the area and that he was looking forward to assisting the City. Discussion followed on the proposed timeline and process, the need to meet with individual Commissioners and the Mayor, the previous process, and advertising. 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 , A P R I L 8 , 2 0 2 4 | P A G E 4 O F 6 The Mayor and Commission discussed availability for meetings with Mr. Slavin and it was agreed that these meetings would be held Friday, April 19, 2024 with the Mayor reaching out to further coordinate the process. "MOTION TO APPROVE ITEM 500.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BRUCE. DISCUSSION. VOTE: BRUCE (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 4-0. 501) Appointment Opportunities for City Boards and Committees Mr. Gowan noted that Commissioner Johnson had submitted a nomination for Kim Bean to be appointed to the Veteran and Veteran Families Advisory Committee1. MOTION TO APPOINT KIM BEAN TO THE VETERAN AND VETERAN FAMILIES ADVISORY COMMITTEE. MOTION BY DEPUTY MAYOR BENTON. SECONDED BY COMMISSIONER BRUCE. DISCUSSION. VOTE: BRUCE (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 4-0. 501a) ADD-ON: Questions about Inspector General Visit Mayor McCann explained that he had reached out and invited Chief Inspector General Melinda Miguel to the City for a meeting which took place March 27, 2024, noted he thought it was a productive meeting, passed out documents2, sought to clarify the City was not under investigation, and invited questions from the Commission. Discussion followed on the status of the City’s Annual Comprehensive Financial Report (ACFR), the authority of the Inspector General’s Office, concerns that information was not shared prior to the meeting occurring, the role of the Mayor, and the authority of the Commission. 502) New Business Commissioner Resnick asked that invocations be non-denominational, requested a weekly email from the City Manager with updates on the City and ongoing projects, asked for an update on a matter involving pension benefits that were paid to a deceased individual, and reiterated a request to discuss waterway, pond, and stormwater updates. Commissioner Bruce noted ongoing issues related to noise coming from the Central Winds Park lights and working with Staff to determine a fix. Commissioner Bruce also asked about the possibility of streaming meetings on YouTube, Facebook, or the Florida Channel. Mr. Gowan asked the Commission to consider a monetary threshold for Consent Agenda items to eliminate confusion is agenda preparation and better facilitate meetings. Discussion followed and the Commission did not wish to put monetary thresholds in place. Interim Manager Hursh discussed the budget process and proposed workshops. Discussion then followed on Commission meetings with directors to discuss budget needs. 1 See attached provided by Commissioner Johnson 2 See attached provided by Mayor McCann 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 , A P R I L 8 , 2 0 2 4 | P A G E 5 O F 6 REPORTS 600) Interim City Manager Phil Hursh • Provided an update on City projects including… 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 603) Mayor Kevin McCann • Noted attendance at the Easter egg hunt event and the recent Tuscawilla HOA Family Fun Day. • Noted April 13th was the pickleball ribbon cutting 604) Seat One Commissioner/Deputy Mayor Matt Benton • Commented on the popularity of pickleball • Noted his continued participation in Leadership Seminole and the upcoming graduation on May 17, 2024 for which the City had a table • Noted construction work on Murphy Road 605) Seat Two Commissioner Victoria Bruce • No report 606) Seat Three Commissioner Ted Johnson - ABSENT 607) Seat Four Commissioner Cade Resnick • Thanked Staff for their communication and work related to a leak in Wildwood • Acknowledged the recent passing of Easter and Ramadan and the upcoming Passover • Noted his planned attendance at the April 13 pickleball opening 608) Seat Five Commissioner Rob Elliott • Commented on the upcoming pickleball grand opening and his planned attendance PUBLIC INPUT Mayor McCann opened Public Input. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs thought the Mayor was within his authority regarding the recent Inspector General meeting but noted concerns about not sharing information were valid. Mr. William Morrisey, 965 Sequioia Drive, Winter Springs spoke regarding his understanding of the Mayor's role and ability to meet with directors. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about communication efforts and areas for improvement. The following was provided to the City Clerk by Commissioner Ted Johnson prior to the April 8, 2024 City Commission Meeting and distributed for consideration during Item 500. City Commissioner’s Meeting, April 8th, 2024 Under Regular Agenda Item: Appointment Opportunities for City Boards and Committees: I nominate Seat 3 resident Kim Bean to serve on the Veteran and Veteran Family Advisory Committee. Kim is a veteran and works with our Hometown Hero, Laurel Ross, at the American Legion. She is anxious to help the City of Winter Springs by serving in this capacity. Of note: The City Charter under Article III, Boards, Committees, Commissions SEC. 2-41 does not have language requiring that the nominating commissioner be physically present to make a nomination. Given that the next Veteran and Veteran Family Advisory Committee meeting is scheduled for April 11, I would ask that this appointment be approved to help assure that the committee has a quorum to proceed with the business of the committee. Thank you for considering Kim Bean to serve our community, Ted Johnson Seat 3 Commissioner The following documents were referenced and entered into the record by Mayor Kevin McCann durin Item 501a of the April 8, 2024 City Commission Regular Meeting STATE OF FLORIDA office of ttie <@oUernor TIIK CAPITOL TALLAHASSEE. FLORIDA 32399.0001 RON DESANTIS GOVERNOR www.flgov.com 850-717-9418 April 4, 2024 Kevin McCann, Mayor City of Winter Springs kmccann winters rin sfl.or RE: City of Winter Springs Dear Mayor McCann: Thank you for the opportunity to meet with the City of Winter Springs (City) leadership on Wednesday, March 27, 2024. The Office of the Chief Inspector General (OCIG) thoroughly appreciates our visit and the time you took to share information about your City, including the tour of the wastewater reclamation facility. In furtherance of our evaluation under section 218.503, Florida Statutes, we want to request the current status of any corrective actions, either planned or completed, for those reviews listed on the attached Corrective Action Response Chart for City of Winter Springs. We would also like to request a copy of the agreement between the City and the contractor maintaining the wastewater reclamation facility. We would like to see a summary of annual expenditures for this facility, including costs for the independent professional engineer, and any associated fines and penalties. The OCIG would like to request this information by Ma 15th 2024. Further, we would like to request the 2023 Annual Comprehensive Financial Report as soon as it becomes available. If you have any questions or concerns, please do not hesitate to contact our office by calling (850) 717-9264 and ask for either Chief Inspector General Melinda M. Miguel or Director of Auditing Steven Henry. Thank you for your assistance with this matter. Re pectfully, Melinda M. Miguel Chief Inspector General Office of the Chief Inspector General ec: Senator Jason Brodeur, District 10 Representative David Smith, District 38 Matt Benton, Deputy Mayor and District 1 City Commissioner Victoria Bruce, District 2 City Commissioner Ted Johnson, District 3 City Commissioner Cade Resnick, District 4 City Commissioner Rob Elliot, District 5 City Commissioner Phillip Hursh, Interim City Manager Bilal Iftikhar, Director of Utilities Holly Queen, Finance Director 4/8/24, 8:54 PM Chapter 218 Section 503 - 2012 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2012/218.503 1/3 The Florida Senate 2012 Florida Statutes Title XIV TAXATION AND FINANCE Chapter 218 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS Entire Chapter SECTION 503 Determination of financial emergency. 218.503 Determination of financial emergency.— (1) Local governmental entities, charter schools, charter technical career centers, and district school boards shall be subject to review and oversight by the Governor, the charter school sponsor, the charter technical career center sponsor, or the Commissioner of Education, as appropriate, when any one of the following conditions occurs: (a) Failure within the same fiscal year in which due to pay short-term loans or failure to make bond debt service or other long-term debt payments when due, as a result of a lack of funds. (b) Failure to pay uncontested claims from creditors within 90 days after the claim is presented, as a result of a lack of funds. (c) Failure to transfer at the appropriate time, due to lack of funds: 1. Taxes withheld on the income of employees; or 2. Employer and employee contributions for: a. Federal social security; or b. Any pension, retirement, or benefit plan of an employee. (d) Failure for one pay period to pay, due to lack of funds: 1. Wages and salaries owed to employees; or 2. Retirement benefits owed to former employees. (2) A local governmental entity shall notify the Governor and the Legislative Auditing Commiee; a charter school shall notify the charter school sponsor, the Commissioner of Education, and the Legislative Auditing Commiee; a charter technical career center shall notify the charter technical career center sponsor, the Commissioner of Education, and the Legislative Auditing Commiee; and a district school board shall notify the Commissioner of Education and the Legislative Auditing Commiee, when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity, charter school, charter technical career center, or district school board. In addition, any state agency must, within 30 days after a determination that one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity, charter school, charter technical career center, or district school board, notify the Governor, charter school sponsor, charter technical career center sponsor, or the Commissioner of Education, as appropriate, and the Legislative Auditing Commiee. (3) Upon notification that one or more of the conditions in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity or district school board, the Governor or his or her designee shall contact the local governmental entity or the Commissioner of Education or his or her designee shall contact the district school board to determine what actions have been taken by the local governmental entity or the district school board to resolve or prevent the condition. The information requested must be provided within 45 days after the date of the request. If the local governmental entity or the district school board does not comply with the request, the Governor or his or her designee or the Commissioner of Education or his or her designee shall notify the members of the Legislative Auditing Commiee who may take action pursuant to s. 11.40. The Governor or the Commissioner of Education, as appropriate, shall determine whether the local governmental entity or the district school board needs state assistance to resolve or prevent the condition. If state assistance is needed, the local governmental entity or district school board is considered to be in a state of financial emergency. The Governor or the Commissioner of Education, as appropriate, has the authority to implement measures as set forth in ss. 218.50-218.504 to assist the local 4/8/24, 8:54 PM Chapter 218 Section 503 - 2012 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2012/218.503 2/3 governmental entity or district school board in resolving the financial emergency. Such measures may include, but are not limited to: (a) Requiring approval of the local governmental entity’s budget by the Governor or approval of the district school board’s budget by the Commissioner of Education. (b) Authorizing a state loan to a local governmental entity and providing for repayment of same. (c) Prohibiting a local governmental entity or district school board from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as it is no longer subject to this section. (d) Making such inspections and reviews of records, information, reports, and assets of the local governmental entity or district school board as are needed. The appropriate local officials shall cooperate in such inspections and reviews. (e) Consulting with officials and auditors of the local governmental entity or the district school board and the appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with state requirements. (f ) Providing technical assistance to the local governmental entity or the district school board. (g)1. Establishing a financial emergency board to oversee the activities of the local governmental entity or the district school board. If a financial emergency board is established for a local governmental entity, the Governor shall appoint board members and select a chair. If a financial emergency board is established for a district school board, the State Board of Education shall appoint board members and select a chair. The financial emergency board shall adopt such rules as are necessary for conducting board business. The board may: a. Make such reviews of records, reports, and assets of the local governmental entity or the district school board as are needed. b. Consult with officials and auditors of the local governmental entity or the district school board and the appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports of the local governmental entity or the district school board into compliance with state requirements. c. Review the operations, management, efficiency, productivity, and financing of functions and operations of the local governmental entity or the district school board. d. Consult with other governmental entities for the consolidation of all administrative direction and support services, including, but not limited to, services for asset sales, economic and community development, building inspections, parks and recreation, facilities management, engineering and construction, insurance coverage, risk management, planning and zoning, information systems, fleet management, and purchasing. 2. The recommendations and reports made by the financial emergency board must be submied to the Governor for local governmental entities or to the Commissioner of Education and the State Board of Education for district school boards for appropriate action. (h) Requiring and approving a plan, to be prepared by officials of the local governmental entity or the district school board in consultation with the appropriate state officials, prescribing actions that will cause the local governmental entity or district school board to no longer be subject to this section. The plan must include, but need not be limited to: 1. Provision for payment in full of obligations outlined in subsection (1), designated as priority items, which are currently due or will come due. 2. Establishment of priority budgeting or zero-based budgeting in order to eliminate items that are not affordable. 3. The prohibition of a level of operations which can be sustained only with nonrecurring revenues. 4. Provisions implementing the consolidation, sourcing, or discontinuance of all administrative direction and support services, including, but not limited to, services for asset sales, economic and community development, building inspections, parks and recreation, facilities management, engineering and construction, insurance coverage, risk management, planning and zoning, information systems, fleet management, and purchasing. (4)(a) Upon notification that one or more of the conditions in subsection (1) have occurred or will occur if action is not taken to assist the charter school, the charter school sponsor or the sponsor’s designee and the Commissioner of Education shall contact the charter school governing body to determine what actions have been taken by the charter 4/8/24, 8:54 PM Chapter 218 Section 503 - 2012 Florida Statutes - The Florida Senate https://www.flsenate.gov/laws/statutes/2012/218.503 3/3 school governing body to resolve or prevent the condition. The Commissioner of Education has the authority to require and approve a financial recovery plan, to be prepared by the charter school governing body, prescribing actions that will resolve or prevent the condition. (b) Upon notification that one or more of the conditions in subsection (1) have occurred or will occur if action is not taken to assist the charter technical career center, the charter technical career center sponsor or the sponsor’s designee and the Commissioner of Education shall contact the charter technical career center governing body to determine what actions have been taken by the governing body to resolve or prevent the condition. The Commissioner of Education may require and approve a financial recovery plan, to be prepared by the charter technical career center governing body, prescribing actions that will resolve or prevent the condition. (c) The Commissioner of Education shall determine if the charter school or charter technical career center needs a financial recovery plan to resolve the condition. If the Commissioner of Education determines that a financial recovery plan is needed, the charter school or charter technical career center is considered to be in a state of financial emergency. The Department of Education, with the involvement of sponsors, charter schools, and charter technical career centers, shall establish guidelines for developing a financial recovery plan. (5) A local governmental entity or district school board may not seek application of laws under the bankruptcy provisions of the United States Constitution except with the prior approval of the Governor for local governmental entities or the Commissioner of Education for district school boards. (6) The failure of the members of the governing body of a local governmental entity or the failure of the members of a district school board to resolve a state of financial emergency constitutes malfeasance, misfeasance, and neglect of duty for purposes of s. 7, Art. IV of the State Constitution. History.—s. 8, ch. 79-183; s. 54, ch. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; s. 29, ch. 97-96; s. 132, ch. 99-251; s. 1, ch. 2001-354; s. 35, ch. 2004-305; s. 5, ch. 2006-190; s. 6, ch. 2007-6; s. 5, ch. 2009-214; s. 21, ch. 2011-144; s. 2, ch. 2012-38. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2024  State of Florida.