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HomeMy WebLinkAbout2025 01 13 Consent 302 - Approval of Monday, December 9, 2024 City Commission Reg MeetingCONSENT AGENDA ITEM 302 CITY COMMISSION AGENDA | JANUARY 13, 2025 REGULAR MEETING TITLE Approval of the Minutes from the Monday, December 9, 2024 City Commission Regular Meeting SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Commission review and approve the minutes as presented from the December 9, 2024 City Commission Regular Meeting. 331 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, DECEMBER 9, 2024 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 332 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 2 OF 10 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, December 9, 2024 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 Cade Resnick, present Commissioner Paul Diaz, present Commissioner Victoria Bruce, present Commissioner Sarah Baker, present Commissioner Mark Caruso, present Interim City Manager Brian Dunigan, present City Attorney Anthony Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance. Commissioner Diaz suggested rotating the vote order for each item. There was no objection. Commissioner Diaz asked that Items 300, 301, and 302 be discussed prior to approval of the Consent Agenda. There was no objection and the agenda was adopted. 100) Central Winds Park Master Plan Update Mr. Talbert Jackson, Senior Planner, Community Development Department introduced representatives from GAI Consultants, Ms. Kristin Caborn and Ms. Andrea Penuela. Ms. Caborn and Ms. Penuela presented an update on the plan update process, reviewed existing conditions identified during site visits, public input received to date identifying strengths and areas for improvement, the consolidated Master Plan draft proposals, and next steps. A targeted end date of February 2025 was identified. Brief discussion followed on incorporation of the Parks and Recreation Advisory Committee’s comments regarding accessibility and prioritizing the identified projects based on resident and user feedback. INFORMATIONAL AGENDA 200. Not Used. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs spoke about advisory boards and committees and their usefulness, spoke about the need for an Infrastructure Advisory Board, a revised social media policy, and the need for website updates to allow reporting of issues. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs wished everyone a Merry Christmas, Happy Hanukkah, discussed non-binding presentations and thought they should be eliminated, was not in favor of limiting the Mayor's role in discussions, reviewed existing rules on time limits for speaking on agenda items, thought extra revenue should be focused on wastewater and stormwater rather than wish list items, thought new sources of revenue should be found and used for wastewater and stormwater, and noted he was in favor of periodically reviewing all boards and committees. 333 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 3 OF 10 Ms. Joan Jansen, 211 Cottonwood Drive, Winter Springs thought the Mayor should be allowed to contribute to discussions during meetings, noted tree issues and thanked city staff for their assistance, expressed concern about the removal of Interim Manager Hursh and thought it was inappropriate and reflected poorly. Mr. Rob Elliott, 925 Chokecherry Court, Winter Springs noted he believed the City Charter was violated with the vote and removal of Interim Manager Hursh, was concerned that public input was not allowed during the vote and expressed further concerns about the conduct of the Commission. Mr. Robin Neilen, 1033 Northern Way, Winter Springs noted his purchase of the former Dominick's Restaurant and issues he had faced with the permitting/building departments. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs discussed concerns about limiting the Mayor's role in discussions, his analysis on meeting times, and concerns about opening comments on the city’s social media pages. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she was happy about the speed limit reduction along State Road 434 and noted concerns about Commission's actions at last meeting. Mr. Ken Greenberg, 1635 White Dove Drive, representing Winter Springs Community Association congratulated new Commissioners, discussed recent Senior Center dinner and thanked Commissioner Diaz for his participation, and discussed Mr. Neilen’s purported issues and thought it was a good example of Winter Springs being unfriendly to business. Mayor McCann closed Public Input. CONSENT AGENDA 300) Approval of Resolution 2024-43: Extension of Declaration of Local Emergency related to Hurricane Milton Commissioner Diaz discussed concerns with the Resolution language, specifically citing Section Five (5) of the Emergency Declaration. Ms. Holly Queen, Director, Finance Department noted this was a routine measure, time limits on emergency, and continuing the declaration to allow for completion of work and FEMA reimbursement. Further discussion followed on the existing emergency authority for the City Manager, concerns about checks and balances, and the inclusion of this language in future emergency declarations. “I MOVE TO STRIKE PARAGRAPH FIVE (5)”. MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: DIAZ (AYE); BRUCE (AYE); BAKER (AYE); RESNICK (AYE); CARUSO (AYE) MOTION CARRIED 5-0. 301) Surplus Assets Commissioner Diaz noted the list included methods of disposal and asked if the included list could be amended to include disposition method 9 for smaller computer items and donated to organizations within the community, specifically Christian Tech Ministry. 334 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 4 OF 10 I MOVE WE AMEND THE SURPLUS ASSETS LIST TO ADD ‘OR 9’ TO ALL ITEMS WITH A CURRENT SPECIFIED DISPOSITION OF 1 OR 2. MOTION BY COMMISSIONER DIAZ. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. MOTION PASSED WITH UNANIMOUS CONSENT. 302) Bank Authorization Updates Commissioner Diaz noted that he would like to look into the use of community banks rather than national or regional banks. Discussion followed on including this in strategic planning sessions, potential consequences, interest returns, and community contributions. 303) Adopt Resolution 2024-44 adopting a Cybersecurity Framework as required by Section 282.3185 (4), Florida Statutes. No discussion. 304) Purchase of one (1) Portable Generator to Utilize at Lift Stations, Plants or other Emergency Incidents within the City No discussion. 305) Purchase of one (1) Permanent Generator to be Installed during Replacement of Lift Station 7 West (7W) and Purchase of Three (3) Submersible Pumps. No discussion. 306) John Deere HD200 Select Spray ProGator /2020A No discussion. 307) Storm Sewer Pipelining on Tuscora Drive No discussion. 308) Approval of the October 14, 2024 City Commission Regular Meeting Minutes No discussion. 309) Approval of the October 28, 2024 City Commission Regular Meeting Minutes No discussion. 310) Approval of the November 18, 2024 City Commission Regular Meeting Minutes No discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY CADE RESNICK. SECONDED BY PAUL DIAZ. DISCUSSION. VOTE: BRUCE (AYE); BAKER (AYE); RESNICK (AYE); CARUSO (AYE); DIAZ (AYE); MOTION CARRIED 5-0. 335 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 5 OF 10 400) Consider approval of Second Reading of Ordinance 2024-09, Small-Scale Future Land Use Map Amendment of one (1) parcel of land located at 4301 SR 419 Attorney Garganese noted one public hearing could be held to satisfy the requirement for Items 400 and 401 with separate votes to be held. Attorney Garganese then read Ordinances 2024-09 and 2024- 10 by title and noted that approval of attached Development Agreement was also requested. No discussion among the Commission. Mayor McCann opened the Public Hearing for Ordinances 2024-09 and 2024-10 and associated Development Agreement. No one addressed the Commission. Mayor McCann closed the Public Hearing for Ordinances 2024-09 and 2024-10 and associated Development Agreement. "MOTION TO APPROVE ITEM 400.” [THE SECOND 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 DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); RESNICK (AYE); CARUSO (AYE); DIAZ (AYE); BRUCE (NAY); MOTION CARRIED 4-1. 401) Consider approval of: (1) Second Reading of Ordinance 2024-10, to assign the General Commercial Zoning District to one (1) parcel of land located at 4301 SR 419; and (2) Development Agreement. "MOTION TO APPROVE ITEM 401.” [THE SECOND READING OF ORDINANCE 2024-10 TO ASSIGN THE GENERAL COMMERCIAL ZONING DISTRICT TO PROPERTY GENERALLY LOCATED AT 4301 SR 419, AND THE DEVELOPMENT AGREEMENT]. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: RESNICK (AYE); CARUSO (AYE); DIAZ (AYE); BRUCE (NAY); BAKER (AYE); MOTION CARRIED 4-1. 402) Resolution No. 2024-42, Opting Out of Providing the Missing Middle Property Tax Exemption per the Live Local Act. Attorney Garganese noted a 2/3 majority requirement to pass this resolution and reviewed that this would remove the tax exemption associated with Live Local projects. Attorney Garganese noted the city was eligible to opt out because a determination of adequate affordable housing was made for the area. Discussion followed on the approval deadline, other communities that had taken similar action, and allowing the city to maintain a tax benefit for these projects. Mayor McCann opened the Public Hearing for Item 402. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 402. 336 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 6 OF 10 "MOTION TO APPROVE ITEM 402.” [ADOPT RESOLUTION NO. 2024-42.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: CARUSO (NAY); DIAZ (AYE); BRUCE (AYE); BAKER (AYE); RESNICK (AYE) MOTION CARRIED 4-1. 500) Discussion and consideration of the 2021 Interlocal Agreement for Public School Facility Planning and School Concurrency approved by Seminole County and School Board. Mayor McCann noted School Board representatives were present, briefly reviewed past discussions, and asked the Commission how they would like to proceed. No further discussion. "MOTION TO APPROVE ITEM 500 [THE 2021 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING AND SCHOOL CONCURRENCY APPROVED BY SEMINOLE COUNTY AND SCHOOL BOARD.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: DIAZ (AYE); BRUCE (AYE); BAKER (AYE); RESNICK (AYE); CARUSO (AYE) MOTION CARRIED 5-0. 501) Anion Exchange Vessel Refurbishment For (3) Ion Exchange Vessels at Water Treatment Plant 1 Interim Manager Dunigan noted this was related to Water Treatment Plant 1, noted technical expert available if Commission would like to discuss, and reviewed the proposal which included a ten percent (10%) contingency. Discussion followed on the likelihood of needing the contingency, history of TTHMs and the subject equipment’s role in lowering levels, the life expectancy of the equipment, impacts on water aesthetics, and the reliability of the quoted amount. "MOTION TO APPROVE ITEM 501.” [THE SCOPE OF WORK TO REFURBISH THE ANION EXCHANGE VESSEL REFURBISHMENT FOR (3) ION EXCHANGE VESSELS AT WATER TREATMENT PLANT 1 FOR A TOTAL COST NOT TO EXCEED $534,171.00 ADDITIONALLY, AUTHORIZATION FOR THE INTERIM CITY MANAGER AND CITY ATTORNEY IS REQUESTED TO PREPARE AND EXECUTE ANY AND ALL APPLICABLE CONTRACT DOCUMENTS CONSISTENT WITH THIS AGENDA ITEM.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BRUCE (AYE); BAKER (AYE); RESNICK (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 5-0. 502) Discussion on the Mayor’s Role in Agenda Item Discussions Deputy Mayor Resnick noted bringing this item up and his experience over the past two years, discussed his understanding of the role of the Mayor, and asked that Mayor McCann shepherd the meeting and keep it orderly and timely. Discussion followed in favor of maintaining the Mayor’s ability to participate, his status as an elected official, allowing the Commission to offer input first, and City Charter Section 4.05. No action was taken by the Commission. 337 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 7 OF 10 503) Discussion on City Commission Meeting Times Deputy Mayor Resnick noted requesting this item and was seeking to reinstate the specified end time of 8:00 pm and voting requirements for extensions. Discussion followed with a proposal for daytime meetings, anticipated challenges with earlier meetings, public attendance and participation, the history of changes, the role the City Manager could have in shortening meeting times by keeping the Mayor and Commission informed, efforts to follow established rules on time limits for speaking, and some support for reestablishing set end times to avoid meetings running long into the evening. No action was taken by the Commission. 504) Discussion on Social Media Policy Interim Manager Dunigan discussed the current social media policy, existing social media accounts and the primary use of each, reviewed best practices related to managing comments and any limitations on comment, and noted legal considerations related to public records, sunshine law, and public forums that should be considered in the discussion. Discussion followed on the different functions of different social media platforms, the potential use of YouTube for streaming city meetings and current limitations on this, the desire to keep Winter Springs Police Department pages separate from any discussion on opening comments, the potential need for additional employees to manage social media accounts, and the Commissioners ability to interact on social media. "MOTION TO APPROVE LIVESTREAMING OF MEETINGS ON YOUTUBE WITH APPROPRIATE DISCLAIMER." MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER BRUCE. DISCUSSION. VOTE: BAKER (AYE); RESNICK (AYE); CARUSO (AYE); DIAZ (AYE); BRUCE (AYE) MOTION CARRIED 5-0. "MOTION TO APPROVE ALLOW COMMENTS ON THE CITY FACEBOOK WITH DISCLAIMER THAT PAGE IS NOT MONITORED." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: RESNICK (AYE); CARUSO (AYE); DIAZ (AYE); BRUCE (AYE); BAKER (AYE) MOTION CARRIED 5-0. “MOTION TO ALLOW COMMENTS ON INSTAGRAM WITH DISCLAIMER THAT PAGE IS NOT MONITORED.” MOTION BY COMMISSIONER BAKER. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. VOTE: CARUSO (AYE); DIAZ (AYE); BRUCE (AYE); BAKER (AYE); RESNICK (AYE) MOTION CARRIED 5-0. Interim Manager Dunigan noted Staff's intention would be to bring a revised policy for approval by the Commission in January. 505) Matters Related to City Board and Committees Commissioner Diaz noted his desire that all boards be abolished and have the Commission determine what was necessary. 338 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 8 OF 10 Discussion followed on the use of a special magistrate as opposed to the Code Enforcement Board, the disbandment of the Board of Trustees and potentially moving to the Florida Retirement System, the importance of boards to build community, and legal requirements. "MOTION TO ELIMINATE ALL BOARDS AND COMMITTEES EXCEPT BOARD OF TRUSTEES AND CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER DIAZ. MOTION DIED FOR LACK OF A SECOND. 506) New Business Deputy Mayor Resnick asked that the Commission choose a time for the planned Strategic Plan Workshop to be held January 15, 2025. The Commission agreed the meeting would be held from 10:00 am to 2:00 pm. Deputy Mayor Resnick asked that the process be started to draft a new Senior Center Agreement and that the first steps begin in February with the Commission. Deputy Mayor Resnick additionally suggested that the Senior Center be named after Susie Coffman. REPORTS 600) Interim City Manager Brian Dunigan • Noted the parade was a success and thanked staff and all involved. • Highlighted upcoming events, including the Santa Run Shop with a Cop. • Noted Hayes Road repaving was completed. • Noted a Comprehensive Plan input meeting was scheduled for January 6, 2025 at the Foundry Church. 601) City Attorney Anthony A. Garganese • No report 602) City Clerk Christian Gowan • No report 605) Seat One Commissioner Paul Diaz • Noted all Commissioners were there to work together and serve the residents. • Thanked Winter Springs Police Department for their work on the parade and in the community and also thanked Parks staff. • Noted he spent time volunteering at the Senior Center and was in favor of the proposed renaming. • Opined on his view of the role of government. 606) Seat Two Commissioner Victoria Bruce • Thanked Interim Manager Dunigan for stepping up to serve. • Noted work being done on the Tuscawilla fountains. • Thanked everyone for the work done to reduce the speed along State Road 434. • Noted the ongoing Construction Manager at Risk (CMAR) process. • Noted recent meetings at the Savoy where she spoke about women’s rights and about proposed development projects. • Noted volunteering at Indian Trails Middle School. • Noted Choices in Learning was seeking to develop a middle school and looked forward to their proposal. 339 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 9 OF 10 • Noted speaking with representatives of the Chick-fil-A project and concerns voiced about permitting. • Noted hearing of issues with Universal Engineering Services and asked that this be looked into further. 607) Seat Three Commissioner Sarah Baker • No report 608) Seat Four Commissioner Cade Resnick • Noted an issue he had been made aware of on Shepard Road and asked that this be looked into further. • Noted recent attendance at an Oviedo-Winter Springs Chamber event and encouraged Commissioners to attend these events in the future. 608) Seat Five Commissioner Mark Caruso • Noted he was in favor of the proposed renaming of the Senior Center and thanked Ms. Coffman for her community involvement. • Thanked Chief Tracht, Winter Springs Police Department, and Interim Manager Dunigan for their service to the city and the job they are doing. 604) Mayor Kevin McCann • Asked that Interim Manager Dunigan be retroactively awarded a higher pay rate for his time serving as manager. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs expressed concerns about some information that was not shared about the State Road 434 speed limit change and park closures and also discussed parking concerns for events. Mr. Ken Greenberg, 1635 White Dove Drive, Winter Springs was in favor of the proposed renaming of the Senior Center and asked that the speed limit on Winter Springs Boulevard be returned to 30 mph. Mr. William Morrisey, 965 Sequoia Drive, Winter Springs noted concerns about differing water quality throughout the city and thought everyone should be treated equally. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs asked about the proposed use of community banks for city funds, reviewed time spent on agenda items, and was not in favor of limiting public input. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 11:31 p.m. 340 CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, DECEMBER 9, 2024 | PAGE 10 OF 10 RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the _____________________________ City Commission Regular Meeting. 341