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HomeMy WebLinkAbout2024 09 23 Consent 310 - Approval of the Septemeber 9, 2024 Regular Meeting MinuteCONSENT AGENDA ITEM 310 CITY COMMISSION AGENDA | SEPTEMBER 23, 2024 REGULAR MEETING TITLE Approval of the Minutes from the Monday, September 9, 2024 City Commission Regular Meeting SUMMARY N/A FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve the September 9, 2024 City Commission Regular Meeting Minutes as presented. 412 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, SEPTEMBER 9, 2024 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 413 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 2 OF 8 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, September 9, 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. Commissioner Bruce requested that Item 301 be discussed prior to adoption of the Consent Agenda. There was no objection and the agenda was adopted. AWARDS AND PRESENTATIONS 100) Presentation of Resolution 2024-22 Recognizing the Retirement of Captain Doug Seely from the Winter Springs Police Department Chief Matt Tracht spoke about Captain Doug Seely's service to the City of Winter Springs Police Department and thanked him. Mayor McCann read Resolution 2024-22 recognizing Captain Seely and his 33 years of service. A photo was taken and Captain Seely made brief remarks. INFORMATIONAL AGENDA 200) 2024 Election Proclamation No discussion. 201) 2024 Qualifying Period Results - November 5, 2024 General Municipal Election No discussion. 202) Current Development Projects Summary No discussion. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Suzanne Gordon, 924 Oak Forest Drive, Winter Springs spoke regarding the condition of Oak Forest Lake and sought to be a point of contact for those conducting work on the lake. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about the level of the creek(s), status of the Winding Hollow turn lane, and communication. 414 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 3 OF 8 Ms. Karen Meyer, 741 Andover Circle, Winter Springs noted her attendance at CALNO that was hosted at the City and thanked Mayor McCann for his presentation on parks Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke about religious freedom. Mr. Ruben Trevino, 731 Sailfish Road, Winter Springs spoke about No Name Creek, work done in the area, and continued flooding concerns. Ms. Stefanie Galvan, 1042 E Pebble Beach Circle, Winter Springs discussed concerns about increased taxes. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs spoke about No Name Creek, flooding concerns, and efforts through the years to address the issues. Mr. Miller further asked that the City address stormwater concerns and encouraged looking into the creation of a flood control district. Ms. Sarah Baker, 1551 Winter Springs Boulevard, Winter Springs noted flooding in her area and asked about mitigation efforts. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted his research about the creeks as stormwater management tools, a lack of improvements, and the impacts of development throughout the region. Mayor McCann closed Public Input. CONSENT AGENDA 300) Storm Sewer Pipe Repair - 1120 Orange Avenue No discussion. 301) City Waiver - Tree Replacement in Tuskawilla Crossings ROW Commissioner Bruce reviewed the issue as she understood it and the proposed plan, asked about other neighborhoods with live oaks in the right-of-way and fear of setting a precedent. Mr. Brian Dunigan, Director, Operations Department noted that this was a preventative measure that could be taken due to the age of the trees. Mr. Kevin Maddox noted the trees in question were Southern Live Oaks, noted narrow rights of way and issues, and reiterated the trees were able to be transplanted at this time. Further discussion followed on the number of trees to be replaced, code requirements, and the choice of replacement tree. Commissioner Elliott noted tree damage witnessed during Hurricane Ian and in support of the effort "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. 415 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 4 OF 8 PUBLIC HEARINGS AGENDA 400) Tentative Millage Rate for Fiscal Year 2024-2025 and Related Advertising Ms. Holly Queen, Director, Finance Department introduced the item, noted the tentative millage was the same as the proposed at 2.6200. Mayor McCann opened the Public Hearing for Item 400. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 400. "I MOVE TO ADOPT RESOLUTION 2024-16 ESTABLISHING THE FISCAL YEAR 2024-2025 OPERATING MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT 2.6200 MILLS AND PUBLICLY ANNOUNCE THAT THE TENTATIVE OPERATING MILLAGE RATE OF 2.6200 MILLS IS 17% GREATER THAN THE COMPUTED ROLLED-BACK RATE OF 2.2394 MILLS AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER JOHNSON. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (NAY); BENTON (NAY) MOTION CARRIED 3-2. 401) Tentative Budget for Fiscal Year 2024-2025 and Related Advertising Ms. Queen introduced the item and noted changes made between the proposed and tentative budgets which were attached to the agenda item. Mayor McCann opened the Public Hearing for Item 401. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 401. "I MOVE TO APPROVE RESOLUTION 2024-17, ESTABLISHING THE TENTATIVE BUDGET FOR THE CITY OF WINTER SPRINGS FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2024 AND ENDING ON SEPTEMBER 30, 2025 AND AUTHORIZING ADVERTISEMENT OF THE CITY'S INTENT TO HOLD PUBLIC HEARINGS TO ADOPT THE FINAL MILLAGE RATE AND BUDGET." 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) 2023 Annual Comprehensive Financial Report (ACFR) Ms. Queen introduced the item and representatives from Purvis Gray, Mr. Ron Whitesides and Mr. Pierce Hogan to discuss the ACFR. Mr. Whitesides gave a presentation about the Fiscal Year (FY) 2023 audit and noted significant progress made since completion of the FY22 audit. The presentation reviewed what the audit team did, the issuance of an unmodified opinion, and the inclusion of an emphasis of matter paragraph related to IT subscription agreements. Mr. Whitesides noted findings related to deficiencies in internal control over financial reporting and noted the late submission of the FY22 audit resulted in some repeat findings but advised that eight of eleven findings in the FY22 report had been addressed. Finally, Mr. Whitesides reviewed required communications related to some necessary estimates and significant audit matters and then reviewed financial highlights of the general fund, enterprise funds, and pension. 416 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 5 OF 8 Discussion followed on the impacts of staff turnover, staffing levels, and questions about auditor’s concerns and findings. Mr. Whitesides noted that the city was in a good financial position and explained that the high cost of necessary wastewater treatment plant and stormwater improvements were important to monitor. Further discussion followed on the city’s bond default rating, fund balance policy, utility rates, and plans to address noted deficiencies and get the audit cycle back on track with an anticipated completion date for the FY 2025 audit presented in March or April. Following further comments, Ms. Queen thanked her team and acknowledged the recent hiring of a new Finance Manager to the team. "MOTION TO APPROVE ITEM 500.” [ACCEPT THE ANNUAL COMPREHENSIVE FINANCIAL REPORT AS PRESENTED FOR THE FISCAL YEAR ENDED SEPTEMBER 30TH 2023 AND AUTHORIZE STAFF TO FORWARD TO AUDITOR GENERAL, INSPECTOR GENERAL, AND APPLICABLE FINANCIAL INSTITUTIONS AS REQUIRED BY DEBT COVENANTS] MOTION BY COMMISSIONER RESNICK. SECONDED BY DEPUTY MAYOR BENTON. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. 501) Discussion on City Manager Selection Process Mayor McCann noted background checks had come through and that the Clerk would forward the information to all Commissioners. Mayor McCann further noted that Mr. David Jones had withdrawn from consideration due to salary concerns. Discussion followed on communication with candidates since the interviews and the next steps of the process to include a multi-day visit to the City to meet with the Mayor and Commission, staff, and residents. Brief discussion followed on the contract negotiation process and the Commission agreed that the Mayor and City Attorney would lead that process. Discussion then turned to scheduling and the Commission was in favor of asking the selected candidate to be flown with their spouse to the City, subject to their availability, from September 19 – 22, 2024. “I WOULD PUT THE NAME KEVIN A. SWEET FORWARD AS MY FIRST CHOICE FOR THE NEW CITY MANAGER OF WINTER SPRINGS.” MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. City Clerk Gowan asked for clarification on the motion and the Commission’s intent. Discussion followed on the Commission’s desire to invite Mr. Sweet and his spouse to the city and to begin contract negotiations. Attorney Garganese suggested clarifying the motion and direction being given. “MOTION TO INVITE KEVIN SWEET AND HIS SPOUSE TO THE CITY TO MEET WITH THE COMMISSION, DIRECTORS, AND MEMBERS OF THE COMMUNITY [TENTATIVELY SET FOR 417 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 6 OF 8 SEPTEMBER 19-22, 2024 SUBJECT TO MR. SWEET’S AVAILABILITY] AND DIRECT THAT CONTRACT NEGOTIATIONS COMMENCE. MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION. VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE) MOTION CARRIED 5-0. 502) Matters Related to City Board and Committees COMMISSIONER JOHNSON NOMINATED BRIGITTE HAGEN-PETER TO THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. SECONDED BY DEPUTY MAYOR BENTON. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. Brief discussion followed on the Veterans and Veteran Families Advisory Committee and current vacancies to be filled. 503) New Business Deputy Mayor Benton noted his attendance at the recent CALNO meeting and asked that the Commission consider an ordinance requiring a supermajority to change or convey conservation and parks land throughout the city. Discussion followed on the number of easements throughout the city, similar measures taken by Seminole County, and potential impacts on plans for the West Wastewater Treatment Plant. Mayor McCann commented on efforts the city had taken to address stormwater challenges including the recent authorization of a stormwater study, showed graphs of current creek levels, noted revised stormwater standards, and reiterated that stormwater was one of the most important issues facing the city. Interim Manager Hursh noted a presentation to give an update on Gee Creek was planned for the next Commission meeting. Interim Manager Hursh further noted conversations with the Florida Department of Transportation (FDOT) regarding culvert cleaning. Brief discussion followed on the impact of stormwater on ponds and lakes. Commissioner Resnick requested that the city look at all agreements related to ponds and lakes and work to update them and develop public-private partnerships. Commissioner Resnick requested a weekly update through the summer (June - October) on water. Discussion followed with Attorney Garganese noting the extensive ongoing work to document ponds throughout the city and the city's related responsibilities. Deputy Mayor Benton encouraged contacting Seminole County to discuss efforts related to portions of creeks in their jurisdiction. Discussion followed on efforts by Seminole County to do countywide mapping, measures the City had taken to cooperate with the County and State, and potential solutions, such as heightened berms, for certain creeks. REPORTS 600) Interim City Manager Phil Hursh • Noted ongoing communication with Ms. Weisman and stated there was no need for concern related to the Winding Hollow deceleration lane funding. Interim Manager Hursh explained 418 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 7 OF 8 that FDOT had further paperwork requirements and that award of the bid was planned to be on the September 23, 2024 agenda. Mayor McCann noted that this was acknowledged by MetroPlan at a recent Municipal Advisory Committee meeting. 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 603) Seat Two Commissioner Victoria Bruce • Noted the upcoming September 11th Memorial Event being held by the city and her planned attendance; • Noted that September 10th was Suicide Awareness Day; • Acknowledged the resignation of Mr. Bilal Iftikhar, Director, Utilities Department and thanked him for his work; • Noted ongoing discussions with residents related to creeks and ponds. 604) Seat Three Commissioner Ted Johnson • Noted he was very pleased with the unanimous decision on the potential new City Manager. 605) Seat Four Commissioner Cade Resnick • Noted planned attendance at the September 11th Memorial Ceremony; • Noted his involvement with the Rotary Club and planning for the Veterans Day event; • Noted efforts to address stormwater issues and thought an 18-month wait was too long to address issues while the study was being completed; • Noted an issue related to a violation of process related to the chaplain and invocation. 606) Seat Five Commissioner Rob Elliott • Encouraged attendance at September 11th Memorial Ceremony; • Noted upcoming Babe Ruth opening day. 607) Mayor Kevin McCann • No report 608) Seat One Commissioner/Deputy Mayor Matt Benton • No report PUBLIC INPUT Mayor McCann opened Public Input. Ms. Donna Bruno, 599 Alton Road, Winter Springs spoke about the Annual Comprehensive Financial Report and community misrepresentation of the city’s financial health.1 *NOTE: Commissioner Johnson requested that Ms. Bruno be given extended time to speak. There was no objection. 1 Ms. Bruno submitted information for the record which is attached to the end of these Minutes. 419 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, SEPTEMBER 9, 2024 | PAGE 8 OF 8 Evan Penelas, 143 Cortez Court, Winter Springs spoke regarding concerns about a lack of enforcement of ethics violations for committee members, the resignation of Mr. Iftikhar, and accountability and transparency. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs shared concerns about creeks and potential flooding. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs thanked the current Finance Department for their efforts related to the budget and ACFR. Mr. Gallo also thanked Ms. Bruno and encouraged people to look into issues for themselves. Ms. Karen Meyer, 741 Andover Circle, Winter Springs noted she was in support of the proposal to require a supermajority related to conservation and park land changes. Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs noted appreciation for discussions about wastewater and stormwater. Ms. Freeburn encouraged sharing information about preventative measures that residents could take to mitigate flooding and associated impacts. Finally, Ms. Freeburn noted she was supportive of the proposal for supermajority vote related to changes to conservation and parks lands. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:36 p.m. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the _____________________________ City Commission Regular Meeting. 420