HomeMy WebLinkAbout_2024 09 23 City Commission Regular Meeting Minutes
CITY COMMISSION
REGULAR MEETING MINUTES
MONDAY, SEPTEMBER 23, 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, September 23, 2024 of the City
Commission to order at 6:34 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 via telephone
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.
Commissioner Elliott asked for discussion on Item 306 prior to approval of the Consent Agenda. No
other changes were made and the agenda was adopted.
AWARDS AND PRESENTATIONS
100) Gee Creek Update Presentation
Mr. David Hamstra, Pegasus Engineering, gave a briefing on stormwater and reviewed Natural
Resource Conservation Service (NRCS) grant projects, Hazard Mitigation Grant Program (HMGP)
projects, progress on the Tuskawilla Crossings retention pond repair and rehabilitation, Wetland Park
outfall improvements, and Gee Creek/No Name Creek Watershed Evaluation.
Discussion followed on floodproofing of lift stations, anticipated impact on stormwater of potential
developments, technical information on stormwater retention and treatment requirements,
timelines for upsizing certain culverts along Gee Creek, and efforts the city had taken to address
resident’s concerns.
Interim Manager Hursh discussed previous and ongoing maintenance of creeks, debris and sediment
removal, and noted availability of sandbags in anticipation of potential impacts from a tropical system.
Further discussion on previous flood studies, available funding sources for Gee Creek improvements,
the recently approved stormwater study, the need for modeling to properly design solutions, and
associated costs.
Interim Manager Hursh noted he had been in contact with Seminole County to discuss areas the city
and county could jointly address issues.
Brief discussion followed on the current stormwater rates charged to residents, a lack of permitting
requirements for older developments, and the potential of looking into smart ponds.
INFORMATIONAL AGENDA
200) Informing the City Commission of the Upcoming Requirement for Appointments to the
2025 Winter Springs Districting Commission
No discussion.
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PUBLIC INPUT
Mayor McCann opened Public Input.
Ms. Janet Pinell, 80 Michael Blake Boulevard, Winter Springs shared concerns about a proposed
Chick-fil-A location, associated traffic impacts, and noted a sightline concern.
Laurie Thum, 104 Holiday Lane, Winter Springs noted not knowing about her residence being flood
prone, debris and overgrowth in the creeks, and concerns about future storms.
Ms. Joanne Plum, 119 Holiday Lane, Winter Springs shared concerns about work being done in creeks,
noted blocked culverts, and thought more work needed to be done.
Mr. Mark Caruso, Winter Springs noted a conversation with a resident about infrastructure concerns
related to flooding.
Ms. Denise Brown, 114 Lido Road, Winter Springs thought the city had failed to address concerns of
residents related to flooding, culverts, and creeks.
Ms. Rebecca Maish, 144 Nandina Terrace, Winter Springs noted she was glad the city was purchasing
a closed captioning system, asked about commented on the selected vendor’s proposal, asked about
translation capabilities, and asked about closed captioning transcript production and the ability to
use in court.
Ms. Sarah Baker, 1511 Winter Springs Boulevard, Winter Springs read a statement from Leah
Weisman related to Gee Creek/No Name Creek plans and potential of annexing land to hold water.
Ms. Baker also noted that a large tree had fallen on her property and was blocking the creek.
Ms. Gina Shafer, Winter Springs Village, Winter Springs made comments and showed videos related
to religious freedom and continuing the invocation at city meetings.
Ms. Jen Hankes, 659 Blenheim Loop, Winter Springs spoke regarding the previously proposed
removal of Ken Spalthoff and why she thought it was a mistake to allow him to continue serving
referencing comments made on social media
Ms. Reese Hankes, 659 Blenheim Loop, Winter Springs commented on Ken Spalthoff's conduct and
comments on social media.
CONSENT AGENDA
300) Intent to Award RFP-07-24-01 BD: Automated Closed Caption System and Authorize
Purchase of Enco Closed Captioning Device
No discussion.
301) Addendum to IT Managed Services Contract - EssentialNet Solutions
No discussion.
302) Ratify Addendum to Contract for Building Department Services with Universal Engineering
Sciences, Inc.
No discussion.
303) Extension Request - Winter Springs Marketplace Corner Lot Streetscaping Requirement
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No discussion.
304) Resolution 2024-23: Adoption of Vision Zero Action Plan
No discussion.
305) Resolution 2024-25 Updating and Revising Parks Fees Schedule
No discussion.
306) Resolution 2024-26: Joining the American Flood Coalition
Mayor McCann spoke about the American Flood Coalition, their focus, and potential associated
funding opportunities.
Commissioner Elliott noted he had wanted a better understanding and thanked the Mayor for the
information.
307) Approval of the Minutes from the Monday, August 12, 2024 City Commission Regular
Meeting
No discussion.
308) Approval of the Minutes from the Monday, August 26, 2024 City Commission Workshop
No discussion.
309) Approval of the Minutes from the Monday, August 26, 2024 City Commission Regular
Meeting
No discussion.
310) Approval of the Minutes from the Monday, September 9, 2024 City Commission Regular
Meeting
No discussion.
"MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER RESNICK. SECONDED
BY COMMISSIONER ELLIOTT. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
PUBLIC HEARINGS AGENDA
400) Final Millage Rate for Fiscal Year 2024 - 2025
Ms. Holly Queen, Director, Finance Department noted no changes had been made since the tentative
millage.
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 APPROVE RESOLUTION 2024 -18 ESTABLISHING THE FINAL FISCAL YEAR 2024-2025
OPERATING MILLAGE RATE FOR THE CITY OF WINTER SPRINGS AT 2.6200 MILLS AND PUBLICLY
ANNOUNCE THAT THE FINAL OPERATING MILLAGE RATE OF 2.6200 MILLS IS 17.00% GREATER
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THAN THE COMPUTED ROLLED-BACK RATE OF 2.2394 MILLS." MOTION BY COMMISSIONER
RESNICK. SECONDED BY COMMISSIONER BRUCE. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (NAY); BENTON (NAY)
MOTION CARRIED 3-2.
401) Final Budget for Fiscal Year 2024 - 2025
Ms. Queen noted no changes had been made since the approval of the tentative budget.
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 2024-19, ESTABLISHING THE FINAL BUDGET FOR THE CITY
OF WINTER SPRINGS FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2024 AND ENDING
ON SEPTEMBER 30, 2025." MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER
ELLIOTT. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
402) First Reading of Ordinance 2024-09, Small-Scale Future Land Use Map Amendment of one
(1) parcel of land located at 4301 SR 419.
Ms. Terrilyn Rolle, Director, Community Development Department introduced the item and asked Mr.
Talbert Jackson, Senior City Planner, Community Development Department to present on the
proposed ordinances related to future land use and rezoning of a property at State Road 419. The
applicant was present.
Discussion followed on impacts on drainage, required mitigation, a Development Agreement in
process that would be presented at second reading, and specifications of C-1 and C-2 zoning.
“MOTION TO READ ORDINANCES 2024-09 and 2024-10 BY TITLE.” MOTION BY COMMISSIONER
RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinances 2024-09 and 2024-10 by title and briefly reviewed the process of
future land use and rezoning.
Mayor McCann opened the joint Public Hearing for Items 402 and 403.
Ms. Sheila Benton, 414 Cedarwood Court, Winter Springs asked about allowable developments in C -
1 zoning districts and potential future development.
Mr. Matt Merdian, Power of Attorney for Applicant, 4301 SR 419, Winter Spring noted the requirement
of a Development Agreement and specified allowable uses.
Mayor McCann closed the joint Public Hearing for Items 402 and 403.
Discussion followed on the challenging configuration of the land, allowable uses in the proposed
zoning category, conditional uses, and the amount of the land that was uplands versus wetlands.
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The applicant’s representative indicated they could bring more information to the second reading
public hearing.
"MOTION TO APPROVE ITEM 402 AS PRESENTED.” [FIRST READING OF ORDINANCE 2024-09 FOR
A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT TO ASSIGN THE COMMERCIAL FUTURE
LAND USE TO PROPERTY GENERALLY LOCATED AT 4301 SR 419.] MOTION BY COMMISSIONER
RESNICK. SECONDED BY COMMISSIONER ELLIOTT. DISCUSSION.
VOTE: BRUCE (NAY); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (NAY)
MOTION CARRIED 3-2.
403) First Reading of Ordinance 2024-10, to assign the General Commercial Zoning District to
one (1) parcel of land located at 4301 SR 419.
"MOTION TO APPROVE ITEM 403 AS PRESENTED.” [FIRST READING OF ORDINANCE 2024-10 TO
ASSIGN THE GENERAL COMMERCIAL ZONING DISTRICT TO PROPERTY GENERALLY LOCATED AT
4301 SR 419.] MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER ELLIOTT.
DISCUSSION.
VOTE: BRUCE (NAY); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (NAY)
MOTION CARRIED 3-2.
404) First Reading of Ordinance 2024-14 Requiring Supermajority Vote of the City Commission
for any Future Release, Conveyance, or Material Change to Conservation Land Managed by
the City or Conveyance of any City Park Land.
“MOTION TO READ BY TITLE ONLY.” MOTION BY COMMISSIONER RESNICK. SECONDED BY
COMMISSIONER ELLIOTT. DISCUSSION.
MOTION PASSED WITH UNANIMOUS CONSENT.
Attorney Garganese read Ordinance 2024-14 by title and noted this was a proposed procedural
ordinance to impose a supermajority vote requirement for the conveyance, release, or material
changes of conservation lands or city parks.
Discussion followed on potential language changes, the simple majority requirement to amend or
repeal the ordinance, implications and requirements for conveyance of other city -owned property,
and potential impacts on plans to purchase golf course land for the wastewater treatment plant
expansion.
Mayor McCann opened the Public Hearing for Item 404.
No one addressed the Commission.
Mayor McCann closed the Public Hearing for Item 404.
"MOTION TO APPROVE ITEM 404 AS PRESENTED.” [APPROVE THE FIRST READING OF
ORDINANCE 2024-14.] 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.
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REGULAR AGENDA
500) Intent to Award RFP 07-24-01 BI: Lift Station 7W Replacement Construction Contracts
Mr. Hursh noted that Ms. Julia Felter, Kimley Horn was present to answer any questions.
Ms. Felter briefly reviewed the status of the station and plans to build a new lift station in a different
location.
Mr. Hursh noted a deep well would be required and that accounted for a good part of the cost.
Discussion followed on the funding source, the lift station’s performance during Hurricane Ian, and
the timeline for the project to be completed.
Ms. Felter noted that the project would take approximately 45 weeks once the contract was awarded
and electrical equipment was procured.
"MOTION TO APPROVE ITEM 500.” [AWARD OF THE PROPOSAL FOR THE CONSTRUCTION OF LIFT
STATION 7W REPLACEMENT PROJECT TO PRIME CONSTRUCTION GROUP, INC. IN THE AMOUNT
OF $3,777,000 AND THE CONSTRUCTION PHASE SERVICES AND CERTIFICATIONS CONTRACT
WITH KIMLEY-HORN AND ASSOCIATES IN THE AMOUNT OF $323,347.00 WITH A CONTRACT TIME
OF 45 WEEKS. IT IS ALSO REQUESTED THAT THE INTERIM CITY MANAGER AND CITY ATTORNEY
PREPARE AND EXECUTE ALL APPLICABLE CONTRACT DOCUMENTS CONSISTENT WITH THIS
AGENDA ITEM FOR PRIME CONSTRUCTION GROUP, INC. AND KIMLEY -HORN AND ASSOCIATES.]
MOTION BY COMMISSIONER RESNICK. SECONDED BY COMMISSIONER BENTON. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
501) Budget Amendment - Designation of Funds for Sewer Infrastructure
Ms. Queen noted discussions with Commissioners prior to the meeting, reviewed prior actions taken
related to ARPA funding, and noted a Final Rule published by the United States Department of the
Treasury allowing for the use of up to $10 million to cover revenue loss. Ms. Queen noted that she
intended to allocate the $10 million to general government services, specifically to cover salaries and
benefits, and transfer the realized savings to the water and sewer fund where they would be
committed to capital projects.
Brief discussion followed on technical aspects of the process, deadlines for use of ARPA funding, and
discussions with the external audit team.
Ms. Queen noted Purvis Gray, the city’s auditors, were supportive of the proposal and the requirement
of a single audit to be conducted.
"MOTION TO APPROVE ITEM 501.” [APPROVE RESOLUTION 2024-24, A BUDGET AMENDMENT
PROPOSED TO USE THE TREASURY FINAL RULE OFFERING A STANDARD ALLOWANCE OF $10
MILLION ON GENERAL GOVERNMENT SERVICES IN THE GENERAL FUND. ADDITIONALLY, THEN
TRANSFERRING THE SAVINGS FROM THE GENERAL FUND TO THE (410) WATER AND SEWER
FUND, TO BE COMMITTED TO WASTEWATER INFRASTRUCTURE CAPITAL PROJECTS. ALSO TO
GIVE THE FINANCE DIRECTOR AND INTERIM CITY MANAGER THE AUTHORITY TO AMEND THE
SLFRF REPORTING AS REQUIRED BY TREASURY.] MOTION BY COMMISSIONER RESNICK.
SECONDED BY COMMISSIONER BRUCE. DISCUSSION.
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VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
502) Discuss and consider approving the proposed City Manager Employment Agreement with
Kevin A. Sweet
Mayor McCann noted meeting with the candidate and Attorney Garganese and reviewed the process.
Discussion followed on minor typographical errors, insurance coverage, questions about Section 10(d)
and the possibility of requiring prior consent and or the use of PTO, codifying the performance
evaluation requirement, proposed executive leave accrual and associated benefits, and the costs to
the city.
Mr. Brian Dunigan, Director, Operations Department reviewed general employee vacation, sick, and
PTO accruals as requested by the Commission.
After further discussion, Mr. Kevin Sweet called in to the meeting to explain that the proposed was a
model agreement from the International City and County Managers Association (ICMA), noted
different requirements of the city manager relative to other city employees, and expressed that he
was willing to concede to fewer than 45 executive leave days and eliminating language related to
year-to-year payout of accrued executive leave. Mr. Sweet also noted he had no objection to required
use of PTO for ancillary engagements listed in Section 10(d).
"MOTION TO APPROVE THE PROPOSED CITY MANAGER EMPLOYMENT AGREEMENT WITH KEVIN
A. SWEET INCLUDING DISCUSSED CHANGES.” [TYPOGRAPHICAL ERRORS AND CHANGES TO
SECTION 6 AND 10(D). MOTION BY COMMISSIONER JOHNSON. SECONDED BY COMMISSIONER
RESNICK. DISCUSSION.
VOTE: BRUCE (AYE); JOHNSON (AYE); RESNICK (AYE); ELLIOTT (AYE); BENTON (AYE)
MOTION CARRIED 5-0.
503) Matters Related to City Board and Committees
No appointments to City Boards and Committees were made.
504) New Business
Commissioner Elliott discussed proposed zoning changes and the potential for legal challenges
previously cited by Seminole County. Brief discussion followed on the different processes.
Commissioner Bruce asked about bringing back a discussion on Interim Manager Hursh's
compensation subject to him providing a self-evaluation.
REPORTS
600) Interim City Manager Phil Hursh
• No report
601) City Attorney Anthony A. Garganese
• No report
602) City Clerk Christian Gowan
• No report