Loading...
HomeMy WebLinkAbout00-2025 05 12 City Commission Regular Meeting MinutesCITY COMMISSION REGULAR MEETING MINUTES MONDAY, MAY 129 2025 AT 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, May 12, 2025 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 Cade Resnick, absent Commissioner Paul Diaz, present Commissioner Victoria Bruce, present Commissioner Sarah Baker, present Commissioner Mark Caruso, present City Manager Kevin A. Sweet, present City Attorney Anthony Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance. AWARDS AND PRESENTATIONS 100) PFM Asset Management LLC presentation on the highlights of the most recent Quarterly Investment Report for the period ending 3/31/2025. Ms. Holly Queen, Director, Finance Department introduced a representative from PFM Asset Management, Mr. Sean Gannon. Mr. Gannon noted PFM was the manager of operating funds for the city, gave a brief market update highlighting tariff/policy uncertainty, Federal Reserve action/inaction on interest rates, and treasury yield falls due to uncertainty. Mr. Gannon noted a strong portfolio performance due largely to interest rates and further reviewed the portfolio with sector allocation analysis and returns. Brief discussion followed on key risks in the short- to mid-term timeframe and strategies for tamping down volatility. INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Mayor McCann opened Public Input Mr. Ruben Trevino, 731 Sailfish Road, Winter Springs noted flooding concerns related to recent rains and the upcoming hurricane season. Ms. Laurel Ross, 7778 Seneca Boulevard, Winter Springs spoke about Memorial Day and highlighted the upcoming Seminole County event on May 23, 2025 at Seminole County Courthouse, as well as other events in Sanford, and in Oviedo at Oviedo Cemetery at 11am on May 26th. Ms. Ross also noted the Oviedo American Legion Florida's Fallen Memorial and encouraged people to visit. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs commented on the actions and conduct of the Commission and encouraged the Mayor and Commissioners to work together to make Winter Springs the best city. Ms. Leah Weisman, 773 Brookshire Court, Winter Springs noted culvert status and flooding concerns because of recent rains. Ms. Weisman also encouraged support of the increased stormwater rate proposal. Ms. Gina Shafer, Winter Springs Village, Winter Springs spoke in support of a proposed banner program from the Veteran and Veteran Family Advisory Committee, encouraged attendance at Oviedo Cemetery Memorial Day event, and thought the city should have a Memorial Day event. Ms. Shafer further commented on the conduct of the Commission and encouraged not using phones during the meetings. Ms. Linda Freeburn, 7604 Cougar Court, Winter Springs noted flooding concerns based on recent rain, asked that discussion occur on the budget amendment (Item 300), and asked if a gas station was the best that could be done on the corner of State Road 434 and Tuskawilla Road. Mayor McCann closed Public Input. CONSENT AGENDA 300) FY 2024 - 2025 Mid -Year Budget Amendment Commissioner Bruce requested this item be discussed separately and it was not included in approval of the Consent Agenda. 301) FY 2025 Utilities Contract Operations Review and Transition Support Services No discussion. 302) Winter Springs Wastewater Treatment Facilities - East Plant Preconstruction Services No discussion. 303) Sewer Main Relining - Moss Park Stormwater Project (312 Moss Road) No discussion. 304) Specimen Tree Removal: Greenway Kia No discussion. 305) Intent to Award ITB 04-25-01 PH Creek Debris Removal Services Commissioner Baker requested this item be discussed separately and it was not included in approval of the Consent Agenda. "MOTION TO APPROVE THE CONSENT AGENDA MINUS ITEMS 300 & 305." MOTION BY COMMISSIONER BRUCE. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (NAY); DIAZ (NAY); MCCANN (AYE) MOTION CARRIED 3-2. *THE COMMISSION THEN CONSIDERED THE FOLLOWING ITEMS REMOVED FROM THE CONSENT AGENDA* 300) FY 2024 - 2025 Mid -Year Budget Amendment Commissioner Bruce asked that staff clarify what was being requested. Ms. Holly Queen, Director, Finance Department noted the bulk of this amendment was rolling purchase orders from fiscal year 2024 to fiscal year 2025 and recognizing revenues to allow for budgeting for fiscal year 2026. "MOTION TO APPROVE RESOLUTION 2025-06 AMENDING THE FY 2024-2025 BUDGET." MOTION BY COMMISSIONER BRUCE. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY) MOTION CARRIED 3-1. 305) Intent to Award ITB 04-25-01 PH Creek Debris Removal Services Commissioner Baker asked for the reasoning behind the recommended selection of Zulu Marine Services. Manager Sweet noted reviewed the Invitation to Bid (ITB) process, noted there was no scoring like in other procurement methods, and explained that the award went to the lowest responsive bidder which was determined to be Zulu Marine Services after the two lower bidders were deemed unresponsive due to paperwork. Mr. Sweet confirmed that Zulu Marine Services had previously done work with the city as well. In response to further questions by the Commission, Manager Sweet explained that this was only related to creek debris removal and noted that award of the sediment removal award would come back in June. Discussion followed on a tentative start date, the need to perform creek maintenance annually, the costs and grant funding, and the procedural issues that prevented lower bidders from being recommended for selection. Manager Sweet noted that ITBs were typically more procedural, discussed the missing aspects of the two lower bidder's submissions, and acknowledged the late addition of the item based on the bid due date, assessment bythe selection committee, and the need to guarantee all procurement procedures were properly followed. Further commenting, Manager Sweet noted that he made the determination that this item could not wait and included it to allow the work to begin as soon as possible. Brief discussion followed on not setting precedents of accepting incomplete applications and considerations related to federal grant funding. MOTION TO APPROVE ITEM 305 (AWARD ITB 04-01-25 CREEK DEBRIS REMOVAL SERVICES TO ZULU MARINE SERVICES INC. FOR TOTAL FEE OF $394,449. ADDITIONALLY STAFF RECOMMENDS AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PREPARE AND EXECUTE ANY AND ALL DOCUMENTS NEEDED FOR THIS CONTRACT AND NRCS GRANT REIMBURSEMENT REQUEST) MOTION BY COMMISSIONER BRUCE. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 4-0. PUBLIC HEARINGS AGENDA 400) Second Reading of Ordinance 2025-09: Town Center Corner Store with Gas Attorney Garganese read Ordinance 2025-09 by title, briefly reviewed, and noted no changes since first reading. In response to a question from the Commission, Attorney Garganese noted "limited gas" was defined in the ordinance as no more than 12 fueling stations. Commissioner Baker asked how to quantify "limited gas" to which Attorney Garganese noted no more than 12 fueling positions. Mayor McCann opened the Public Hearing for Item 400. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs noted concerns about the proposed location's ingress/egress and thought the business would not be successful. Mr. Miller further asked that whatever was built on the corner be consistent with the Town Center aesthetic. Mayor McCann closed the Public Hearing for Item 400. MOTION TO APPROVE ORDINANCE 2025-09 ON SECOND READING. MOTION BY COMMISSIONER BRUCE. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (NAY); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); MCCANN (AYE) MOTION CARRIED 3-2. 401) Second Reading of Ordinance 2025-10: Parking Regulations Attorney Garganese read Ordinance 2025-10 by title and noted no changes since first reading. Mayor McCann opened the Public Hearing for Item 407. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 401. MOTION TO APPROVE ITEM 401. (STAFF RECOMMENDS THAT THE CITY COMMISSION HOLD A PUBLIC HEARING AND ADOPT ORDINANCE 2025-10 ON SECOND READING.) MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 4-0. 402) Second Reading of Ordinance 2025-11: Updating the Stormwater Rate Attorney Garganese read Ordinance 2025-11 by title and noted two changes since first reading including the effective date which was now to be July 1, 2025. Discussion followed on the proper procedure for rate increases, questions about language in Florida Statutes and the Comprehensive Plan's Capital Improvement Element, the current deficit of the stormwater fund, maintenance versus capital requirements, and stormwater rates in other surrounding cities. MOTION TO POSTPONE FINAL ACTION UNTIL THE ENTIRE COMMISSION CAN BE PRESENT AND A POLICY BE PRESENTED GUARANTEEING ANNUAL MAINTENANCE OF CREEKS. MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER CARUSO Further discussion followed on the budget process, priorities, a previous recommendation to move funds into the stormwater fund from the general fund as an alternative to the proposed rate increase, a desire for gradual increases in the rate, the need for oversight on stormwater fund expenditures, and upcoming budget discussions. Mayor McCann opened the Public Hearing for Item 402. Ms. Laurel Ross, 1778 Seneca Boulevard, Winter Springs commented on Commissioner Resnick's stated position at previous meetings, thought action should be taken tonight, and noted oversight and accountability were important but thought the city had competent staff and encouraged listening to the City Manager. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs noted an article written by Commissioner Diaz and shared by the Winter Springs Comm u n ity Association, encouraged the Commission to take action and thought a delay could not be afforded. Ms. Karen Meyer, 741 Andover Circle, Winter Springs noted the Commission had time to review and encouraged action be taken on the stormwater rate regardless of the absence of one member. Ms. Meyer further commented that the introduction of a new suggestion shouldn't derail the ordinance and encouraged listening to the advice of the City Manager. Ms. Leah Weisman, 773 Brookshire Court, Winter Springs expressed agreement with Ms. Meyer, noted issues started in 2008, mentioned a previous study and inaction, and encouraged action be taken at the current meeting. Mr. Robin Nielen, 1033 Northern Way, Winter Springs noted he was against taxes and suggested that stormwater should be dealt with as an impact fee. Mr. Art Gallo, 799 Nandina Terrace, Winter Springs noted he was in favor of the proposed rate increase and opposed to tabling the matter. Mr. Gallo further encouraged listening to the City Manager and discussed his homeowner's association stormwater system maintenance responsibilities. Mr. Eddie Rivera, 100 Baytree Court, Winter Springs shared that he thought the Commission was more united than they thought, noted good points were being made but encouraged taking action at the present meeting. Ms. Gina Shafer, Winter Springs Village, Winter Springs noted she was in favor of the proposed increase, that she favored an incremental increase approach, and encouraged listening to the City Manager. Mr. Ken Greenberg, 763S White Dove Drive, Winter Springs thought there were good points across the board, noted agreement with points made by Commissioners Diaz and Caruso. Mr. Greenberg further complimented City Manager Sweet and encouraged listening to him but noted he was in favor of waiting for the rate study and transferring money from the general fund to the stormwater enterprise. Mr. David Hamstra noted that two projects, Tuskawilla Crossings pond repair and Winter Springs Village Wetland Park, would both be commencing in the calendar year and totaling over $4million with no grant funding. Manager Sweet noted penny sales tax funding and the role of those funds in addressing a number of projects. Mayor McCann closed the Public Hearing for Item 402. *VOTE ON MOTION TO POSTPONE* VOTE: BAKER (NAY); BRUCE (NAY); CARUSO (NAY); DIAZ (AYE) MOTION FAILED 1-3. MOTION TO APPROVE ORDINANCE 2025-11. MOTION BY COMMISSIONER BAKER. SECONDED BY COMMISSIONER BRUCE. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY) MOTION CARRIED 3-1. 403) Sutton Crossings Phase 1 (Ace Hardware) - Final Engineering and Development Plans, Waivers, and Development Agreement. Ms. Terrilyn Rolle, Director, Community Development Department presented a summary of the final engineering site plan, associated development agreement, and six waiver applications for the Sutton Crossings Phase I project, located at the intersection of State Road 434, Michael Blake Boulevard, and Tuskawilla Road within the Town Center T-5 zoning district. Ms. Rolle noted that the applicant had worked with the city since 2023 and previously received aesthetic approval from the Commission. Ms. Rolle further noted the applicant had completed a transportation impact analysis with a projection of 2,396 daily trips for the whole development, discussed mobility credits, and shared the staff's recommendation that five of six waivers be approved which included allowances for larger lot sizes, two monument signs, acceptance of a statistical tree survey, and removal of a specimen tree. The waiver for a drive-thru was not previously supported by staff and had since been removed from the application. Finally, Ms. Rolle highlighted the proposed conditions for approval, including the following: • Future tenants must submit conditional use applications. • Required stormwater permits must be obtained before any site work begins. • All infrastructure must be installed prior to vertical construction. • The applicant must submit maintenance covenants and secure a right-of-way vacation. • Tree mitigation including replacing trees over 10 inches DBH and paying $52,800 into the tree fund for the removal of 176 smaller trees. • The applicant must also pay $2,400 for specimen tree removal. • Additional conditions prohibit cannabis/hemp product sales and require drought -tolerant Bahia grass for landscaping. Following the presentation, the applicant's representatives were invited to address the Commission. Mr. Wes McMillan, PO Box 1013, Oakland, Florida noted that he was seeking relief for the $52,800 tree mitigation costs based on previous discussions with the city arborist and findings by an arborist he had hired to complete a statistical survey. Lengthy discussion followed on the tree mitigation process, mitigation credits, applicable City Code language, use of funds in the Arbor Fund, and comparisons of this fee to other properties. Ms. Mary Edwards - arborist representative for the applicant - discussed the condition of trees on the property, the methodology of the statistical survey, and noted that her findings were that 5% of trees on the site were viable. Ms. Rolle reiterated staff was not questioning the methodology and referenced code language and requirements related to tree removal and replacement. Mr. McMillan noted a right-of-way vacation pending that was vital to the project and platting to come before the Commission at a future meeting. Brief discussion followed on the applicant's experience length of the development process compared to other jurisdictions. Mayor McCann opened the Public Hearing for Item 403. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 403. "MOTION TO APPROVE WITH STAFF RECOMMENDATION." (APPROVE FINAL ENGINEERING/SITE PLAN REVIEW, WAIVER, AND DEVELOPMENT AGREEMENT IN ORDER FOR THE APPLICANT TO CONSTRUCT A ±23,517 SQUARE FOOT (SF) HARDWARE STORE WITH THREE ADDITIONAL TENANT SPACES" MOTION BY COMMSSIONER BRUCE. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 3-1. 404) Chick-Fil-A, S.R. 434 and Michael Blake Boulevard - Final Engineering and Development Plans, Aesthetic Review, Waivers, and Development Agreement. Ms. Rolle presented the background and project site, proposed landscape plans, elevations, reviewed requested waivers and eight proposed conditions. Discussion followed on the proposed orientation of the building and the brick color. Mr. Joseph Kovecses, representing the applicant noted the proposed color was allowable per the current code and briefly reviewed the plans for the property. Further discussion followed on the proposed brick color and appreciation for bringing businesses to Winter Springs. 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 WITH STAFF RECOMMENDATION." (APPROVE SITE PLAN/FINAL ENGINEERING, AESTHETIC REVIEW, WAIVERS, AND DEVELOPMENT AGREEMENT REGARDING THE APPLICANT'S REQUEST TO BUILD A 5,576- SQUARE FOOT CHICK-FIL-A QUICK SERVICE RESTAURANT WITH DRIVE-THRU IN THE TOWN CENTER DISTRICT, TRANSECT 5.) MOTION BY COMMISSIONER BAKER. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 4-0. REGULAR AGENDA 500) Proposal from Veteran and Veteran Family Advisory Committee regarding a Banner Program Mr. Brian Dunigan, Director, Operations Department noted the previous presentation and explained that staff was seeking direction if the Commission wished to pursue the program idea. Ms. Laurel Ross, Chair, Veteran and Veteran Family Advisory Committee presented a proposed banner program to recognize veterans and reviewed potential designs, locations, and costs. MOTION TO DIRECT STAFF TO LOOK INTO THIS AND BRING BACK A PROPOSED PROGRAM. MOTION BY COMMISSIONER BAKER. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 4-0. 501) Intent to Award RFQ #02-25-01 CS: Contract Operator Selection for Operation, Maintenance & Management of Water, Wastewater & Reuse Facilities Mr. Clete Saunier, Director, Utilities Department presented the water, wastewater, and reuse facilities contract operator selection, recognized the assistance of Ms. Queen and commented on the rigorous process. Mr. Saunier then briefly reviewed the selection process and noted compliance with procurement laws and policies, noted evaluation criteria, and announced Woodard & Curran was the highest -ranked firm by the Selection Committee members. Mr. Saunier reviewed the qualifications of Woodard & Curran and asked that the Commission authorize staff to negotiate a contract that would be brought back at a future meeting. Brief discussion followed on other cities that used Woodard & Curran, attendance at the Selection Committee meeting, and the impressive presentation that Woodard & Curran brought to the committee. "MOTION TO APPROVE THE SELECTION COMMITTEE'S RANKING OF QUALIFIED CONTRACT OPERATORS AND AUTHORIZE STAFF TO COMMENCE CONTRACT NEGOTIATIONS WITH WOODARD & CURRAN BEING SELECTED AS THE MOST QUALIFIED FIRM." MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE) MOTION CARRIED 4-0. 502) Matters Related to Boards & Committees City Clerk Christian Gowan noted that two vacancies existed, one for Seat Two of the Code Enforcement Board and one At -Large seat for the Veteran and Veteran Families Advisory Committee. 503) New Business Commissioner Caruso asked about a policyfor annual creek debris removal and sediment removal to be brought forward to a future meeting. Commissioner Diaz thanked the City Manager for providing trial balances for his review and asked about the Commission being granted view -only access to city accounting software. Manager Sweet explained that he had never been anywhere elected officials had access to the city's financial software but noted he would discuss it with legal, and an item could be placed on a future agenda. Mayor McCann noted previous appearance atJLAC and having no legal representative at the hearing, noted a law firm (Weiss, Serota, Helfman, Cole, & Bierman) that had been retained following this meeting, and asked if they should be notified or consulted while auditors conducted their follow-up. Brief discussion followed on expenditures related to this law firm and the Commission agreed that they would wait to see if any further action was required of the city following the conclusion of the follow-up byJLAC. REPORTS 600) City Manager Kevin A. Sweet City Manager Kevin Sweet congratulated Ms. Rolle and Commissioner Diaz for graduating from the Leadership Seminole program and noted that he would be attending the next class. Mr. Sweet also noted the recent recognition of Mr. Matthew Reeser, Communications Director and Mr. Dominic Hing, Digital Media Specialist, for their efforts and for the city newsletter. Mr. Sweet noted that sidewalk repairs were ongoing on the west side of the city and moving eastward and noted the work underway at Trotwood Park building new pavilions with the work being done in-house for cost savings. 601) City Attorney Anthony A. Garganese No report 602) City Clerk Christian Gowan No report. 603) Seat Three Commissioner Sarah Baker Commissioner Baker thanked those who came out for the renaming of the Senior Center to the Susie Coffman Winter Springs Senior Center and noted good attendance, she congratulated Mr. Reeser on his recent promotion and noted her recent attendance at the CALNO meeting. 604) Seat Four Commissioner Deputy Mayor Resnick Deputy Mayor Resnick was not present at the meeting. 605) Seat Five Commissioner Mark Caruso Commissioner Caruso congratulated Mr. Reeser on his recent promotion and for awards received related to the newsletter and communication efforts. Commissioner Caruso also congratulated Commissioner Diaz and Ms. Rolle for their completion of the Leadership Seminole program. Finally, Commissioner Caruso noted thatthe research he had been doing on Iron Bridge was concluding and he noted he would share results in the future. 606) Mayor Kevin McCann Mayor McCann commented on the recent National Day of Prayer which he attended outside of City Hall, commented on the recent selection of the first American pope, noted his attendance at the new Parks, Recreation, and Mobility Advisory Committee meeting and thought it was productive, noted his attendance at the Leadership Seminole graduation and congratulated the graduates, and finally wished a happy belated Mother's Day to residents. 607) Seat One Commissioner Paul Diaz Commissioner Diaz thanked the manager and Commission for congratulations regarding his completion of Leadership Seminole, congratulated Ms. Rolle for graduating from the program, and noted that he had applied and paid his waythrough the program himself. Commissioner Diazfurther discussed budgeting and identifying priorities, noted an article of his that was referenced earlier in the meeting, and encouraged people to follow him on Linkedln to see more of his writings. Finally, Commissioner Diaz noted that it was the Commission's responsibility to set policy direction. 608) Seat Two Commissioner Victoria Bruce Commissioner Bruce noted meeting with Hacienda Village residents with City Manager and staff, noted an invitation to speak to Moms for Liberty on June loth, and brought up the idea of shoreline planting to address issues with ponds and pollution. Commissioner Bruce also noted that she would be attending the Institute for Elected Municipal Officials I in Boca Raton June 6-7. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Karen Meyer, 731 Andover Circle, Winter Springs thanked the Commission for approval ofAce and Chick-fil-A and asked that the front of any future gas station on the corner of State Road 434 and Tuskawilla Road face south for consistency with the Chick-fil-A, Mr. Robin Nielen, 898 Gary Hillery Drive, Winter Springs noted his attempts to open a deli at the property, concerns with the permitting process, and noted he thought changes were needed in the Community Development Department. Manager Sweet noted unaddressed comments that needed to be looked at by Mr. Nielen and the Commission agreed that staff could handle the issue. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 11:37 p.m. RESPECTFULLY SUBMITTED: f _ inter SA CHRISTIAN D. GOWAN, MPA, CMC ri o� � CITY CLERK ^�, otporal� U � a APPROVED: ] 95" MAYOR KEVIN McCANN NOTE: These Minutes were approved at the June 9, 2025 City Commission Regular Meeting.