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HomeMy WebLinkAbout00-2025 07 14 City Commission Regular Meeting MinutesCITY COMMISSION REGULAR MEETING MINUTES MONDAY, JULY 14 , 2025 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 2 OF 10 CALL TO ORDER Mayor Kevin McCann called the Regular Meeting of Monday, July 14, 2025 of the City Commission to order at 6:56 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 City Manager Kevin Sweet, present City Attorney Anthony Garganese, present City Clerk Christian Gowan, present Pastor Bob Melhorn led the invocation followed by the Pledge of Allegiance. No changes were made to the agenda and the agenda was adopted. AWARDS AND PRESENTATIONS 100)UCF Business Incubation Program Winter Springs Semi-Annual Update Ms. Terrilyn Rolle, Director, Community Development Department introduced representatives from the UCF Business Incubator located in Winter Springs. Mr. Rafael Camaano, Interim Director, Programs & Operations Innovation Districts & Incubation Program and Mr. Michael Weiss, Site Manager provided a Q1 update, highlighted programs offered and companies in the Incubator, and introduced Mr. Peter Travers, Founder and CEO of LifeBridge who spoke about his business and the benefit of the Incubator. INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT 1 Mayor McCann opened Public Input. Ms. Hailey Donahue, 884 Wakulla Lane, spoke about the importance of trees and habitat preservation. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs spoke regarding Agenda Item 501, noted an objection memo prepared by the applicant’s attorney which had been shared with the Mayor and Commission, and read some portions of this memo. Mr. Partyka further noted disappointment in the Mayor's actions following the previous vote on this matter. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs thanked the city for the inclusion of ADA improvements in the budget. 1 Public Input received by email is available upon request to the City Clerk CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 3 OF 10 Ms. Linda Freeburn, 1604 Cougar Court, Winter Springs spoke about eliminating city funding for the Winter Springs UCF Incubator and in reference to Agenda Item 501 asked the Commission to reconsider their previous decision. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs discussed Item 501 and the arbor fees discussion, noted his comments made at the previous meeting, and was supportive of reviewing further information if available and acting accordingly. Mr. Robert Miller, 679 Silver Creek Drive, Winter Springs spoke regarding Item 501 and read a statement which he provided for the record 2. Mr. Coli Bailey, 217 Mockingbird Lane, Winter Springs spoke regarding Item 501 and thought the previous decision should be reconsidered. Ms. Deborah Larson, 424 Michael Blake Boulevard, Winter Springs spoke in relation to Item 501 and noted she thought the developer should pay for tree removal. Ms. Gina Shafer, Winter Springs Village, Winter Springs asked why Dream Finders paid an arbor fee if already paid and confusion about prepayment of an arbor fee. Mr. Christian Sarna, 360 Michael Blake Boulevard, Winter Springs – representing Winter Springs Village HOA as Treasurer – discussed water and flooding issues requiring the purchase of flood insurance, issuance of exemptions, and the impact of further development. Ms. Karen Meyer, 741 Andover Circle, Winter Springs asked about available documentation and supported further review. Ms. Sharon Heaney, 732 Fanning Drive, Winter Springs discussed wildlife that she had seen near her house and impacts of development. She also asked why non-indigenous species were supplied as part of the annual tree giveaway. Mr. Matt Benton, 414 Cedar Wood Court, Winter Springs asked why the Commission didn't listen to the City Attorney and staff at the time of the vote. Ms. Adaire Fluno, 717 Barrington Circle, Winter Springs discussed the prevalence of wildlife in the community. Mr. Keith Guglielmello, 731 N US 17-92, Longwood asked about recent rate increases related to water and stormwater. Ms. Sheila Benton, 414 Cedar Wood Court discussed concerns related to ex-parte communications and rules of the commission. Ms. Benton asked the Commission to reconsider their vote related to the arbor fees. Ms. Meredith Hoofnagle, 959 Ginnie Way, Winter Springs discussed water and mold issues that she was experiencing. Mr. Jeff Crandall, 1239 Stone Harbour Road, Winter Springs spoke about trees and thought cost saving concerns were not heeded when the arbor fee was waived. Mayor McCann closed Public Input. 2 Documents provided by Mr. Miller are included at the end of these minutes. CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 4 OF 10 CONSENT AGENDA 300)Resolution 2025-09 Adopting the Seminole County Local Mitigation and Resiliency Strategy No discussion. 301)Approval of Naming Rights Agreement for the Central Winds Pickleball Complex In response to a request for clarification from Commissioner Bruce, Mr. Brian Dunigan, Director, Administrative Services and Operations (ASO) Department noted previous requests for proposals (RFPs) that had been issued related to naming of facilities which garnered no response and subsequently being contacted by AdventHealth with an expressed interest in the pickleball facility. Mr. Dunigan noted the work of Ms. Hannah Kirsch, Recreation and Events Manager, ASO Department in the process and thanked AdventHealth for their willingness to work with the city. 302)City Parks Sidewalk Improvements No discussion. 303)Execution of the Subrecipient Agreement for the Public Works 280kw Generator Project under the Community Development Block Grant Disaster Recovery (CDBG-DR) Hazard Mitigation Grant Match Program (HMGMP). No discussion. 304)Approval of the Minutes from the Monday, June 23, 2025 City Commission Regular Meeting No discussion. MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BRUCE. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE) MOTION CARRIED 4-1. PUBLIC HEARINGS AGENDA 400)Second reading of Ordinance 2025-04, Small Scale Future Land Use Map Amendment of one (1) parcel of land located at 1333 N US HWY 17-92 Attorney Garganese read Ordinances 2025-04 and 2025-05 by title. Mayor McCann opened the Joint Public Hearing for Items 400 & 401. No one addressed the Commission. Mayor McCann closed the Joint Public Hearing for Items 400 & 401. "MOTION TO APPROVE ITEM 400 AS PRESENTED.” [APPROVE AND ADOPT SECOND READING OF ORDINANCE 2025-04 FOR A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT TO ASSIGN THE COMMERCIAL FUTURE LAND USE TO PROPERTY GENERALLY LOCATED AT 1333 N US HWY 17-92.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE) MOTION CARRIED 5-0. 401)Second reading of Ordinance 2025-05, to assign the General Commercial Zoning District to one (1) parcel of land located at 1333 N US HWY 17-92 "MOTION TO APPROVE ITEM 401 AS PRESENTED.” [APPROVE AND ADOPT ORDINANCE 2025-05 TO ASSIGN THE GENERAL COMMERCIAL ZONING DISTRICT TO PROPERTY GENERALLY LOCATED CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 5 OF 10 AT 1333 N US HWY 17-92, AND APPROVAL OF THE RELATED DEVELOPMENT AGREEMENT.” MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE) MOTION CARRIED 5-0. 402)First Reading of Ordinance 2025-12: Amending Chapter 2 of the City Code related to City Commission Rules & Procedures, and Addressing the Mayor & Commission MOTION TO READ BY TITLE. MOTION BY DEPUTY MAYOR RESNICK. COMMISSIONER DIAZ OBJECTED. Attorney Garganese read Ordinance 2025-12 in its entirety and noted this ordinance was prepared based on the suggestions of two commissioners at the previous meeting. Commissioner Diaz noted he objected to the ordinance, referenced State v. City of St. Augustine, and noted that he thought it was an attempt to silence minority opinions. Discussion followed on when New Business was originally added as a part of the agenda. Attorney Garganese reviewed the Commissioner’s ability to place an item on the agenda through the city manager prior to a meeting, or (2) through New Business, requesting an item be added by Commission direction based on a vote of the Commission. Further discussion followed on the purpose of New Business and Commissioner Diaz maintained that he believed the ordinance was out of order. Manager Sweet noted New Business was primarily for unanticipated items and thought it was among the least transparent ways to handle business. He noted that anticipated items should be placed on the agenda prior to the meeting. “MOTION TO APPROVE ITEM 402 AS PRESENTED.” MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. Mayor McCann opened the Public Hearing for Item 402. Ms. Gina Shafer, Winter Springs Village, Winter Springs explained her understanding of New Business. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs noted she didn't think that this ordinance would be silencing anyone. Commissioner Diaz again noted his objection to further consideration of Ordinance 2025-12 on the grounds that it is out of order citing the Charter and believed the ordinance was invalid and no action should be taken until this was ruled on. Attorney Garganese noted that the City Charter Section 4.13 (b) stated the Commission could establish its own rules and that ordinances were a proper vehicle to adopt rules of the Commission. Ms. Sheila Benton, 414 Cedar Wood Court, Winter Springs noted her concerns of a mother may I rule with the passing of this ordinance. CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 6 OF 10 Ms. Marie Cashion, 1529 Woodsglen Drive, Winter Springs noted she thought the ordinance was very clear and was supportive of adoption. Ms. Meredith Hoofnagle, 959 Ginnie Way, Winter Springs suggested that the Commission do team building. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted he had no issue with the proposed changes and didn't think any argument against it made sense. Mayor McCann closed the Public Hearing for Item 402. Discussion followed to try and determine if there was an issue with the language as proposed, potentially related to a request for a vote on items under New Business. Attorney Garganese clarified again the purpose of New Business and Reports and reiterated that any Commissioner had the right to add items to the agenda for timely consideration. VOTE (ON THE MOTION TO APPROVE ITEM 402 AS PRESENTED): BAKER (AYE); BRUCE (AYE); CARUSO (NAY); DIAZ (NAY); RESNICK (AYE) MOTION CARRIED 3-2. 403)First Reading of Ordinance 2025-13 granting Duke Energy Florida, LLC Distribution Electric Service Line Easement on City owned real property legally described as Tract "D" of the HIGHLANDS, Section 5, as recorded in Plat Book 19, Page 45 MOTION TO READ BY TITLE ONLY. MOTION BY COMMISSIONER DIAZ. MOTION PASSED WITH UNANIMOUS CONSENT. Attorney Garganese read Ordinance 2025-13 by title and provided brief background regarding a feeder hardening project related to this perpetual easement request and noted an ordinance was required by Charter as this was a conveyance of land. “MOVE TO PASS AS READ.” MOTION BY COMMISSIONER DIAZ. SECONDED BY COMMISSIONER BAKER. DISCUSSION. Mayor McCann opened the Public Hearing for Item 403. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 403. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE) MOTION CARRIED: 5-0 500)Budget Overview and Proposed Operating Millage Rate for Fiscal Year 2025-2026 Ms. Holly Queen, Director, Finance Department introduced the item and noted that the proposed operating millage rate was 2.6200 mills, the Rolled Back Millage Rate was established at 2.4730 mills, and noted a Public Hearing for the Proposed Millage Rate and Tentative Budget was proposed to be held September 8, 2025. "MOTION TO APPROVE ITEM 500 AS PRESENTED.” [ADOPT RESOLUTION 2025-10 SETTING THE PROPOSED OPERATING MILLAGE RATE AT 2.6200 MILLS AND ESTABLISHING THE ROLLED BACK MILLAGE RATE AT 2.4730 MILLS. ADDITIONALLY, ESTABLISH THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING REGARDING THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET AS CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 7 OF 10 SEPTEMBER 8, 2025 AT 6:30 PM AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE) MOTION CARRIED 5-0. 501)Request to Reconsider June 23, 2025 Commission Decision related to Tree Mitigation Fees 3 Mayor McCann noted this item was added at his request to discuss the topic in more detail than was previously discussed at the June 23, 2025 Commission Meeting and explained that he thought certain facts were not shared at that time. Discussion followed on the ability of the Commission to reconsider the previous action that passed at the last meeting. Attorney Garganese noted that a decision was made related to the project and that this was a contract interpretation issue. He noted that the Commission could rescind the prior action previously approved by a majority of the Commission if a majority voted to do so. The Commission allowed the Mayor to present information 4 and he noted that the Commission should have postponed the vote and not taken action at the last meeting. Discussion followed on the preparedness of staff and the Commission related to the June 23rd item, missing or unclear information, potential misrepresentation or omission of facts, and concerns related to ex-parte communications. Following further discussion, Manager Sweet noted that staff did not have the ability to waive fees which every applicant was interested in and he reviewed the process which staff and the City Attorney went through prior to the meeting. Brief discussion followed on the Tree City USA designation held by the city. MOTION TO RESCIND THE PREVIOUS VOTE OF THE PREVIOUS MEETING. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. Mr. Paul Partyka, representative for the applicant, commented on the disorganization of the meeting, noted his discussions with commissioners, the City Attorney, and Mr. Brian Dunigan, Director, Administrative Services and Operations Department in the absence of Manager Sweet. Mr. Partyka noted he circulated the development agreements and stated that everything was approved at the Planning and Zoning Meeting with the development agreement still being discussed. Mr. Partyka further noted that he disagreed with the characterization of conflicts of interest, misinformation, or omissions and thought the vote made at the previous meeting should stand. Following further discussion, Attorney Garganese again noted that if a majority was considering reconsidering the matter then it could come back with more documentation. Furthermore, he noted the applicant’s plans were approved and the trees would be removed regardless, the only issue at hand was the money related to removal of trees. Brief discussion on the burden of proof relative to this matter. Attorney Garganese noted that generally in quasi-judicial matters the burden of proof was on the applicant but cautioned that this may not apply for this matter as it was a matter of contract interpretation. 3 An objection memo sent by the applicant is included at the end of these minutes. 4 Documents provided by the Mayor and shown at this time are attached to the end of these minutes. CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 8 OF 10 *The motion was amended as follows* MOTION TO BRING BACK FOR FURTHER DISCUSSION AND POSSIBLE RESCINDING OF PREVIOUS ACTION. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. VOTE: BAKER (AYE); BRUCE (NAY); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE) MOTION CARRIED 3-2. MOTION TO ADJOURN WAS MADE BY COMMISSIONER DIAZ AND SECONDED BY COMMISSIONER BRUCE. VOTE: BAKER (NAY); BRUCE (AYE); CARUSO (NAY); DIAZ (AYE); RESNICK (NAY) MOTION FAILED 2-3. 502)Resolution 2025-11: Preserving the City’s Status as a Municipal Corporation Commissioner Caruso noted he had requested this item due to discourse on social media and elsewhere discussing the possibility of unincorporating as a city. Brief discussion followed on the potential inclusion of language related to the Winter Springs Police Department. MOTION TO APPROVE. MOTION BY COMMISSIONER CARUSO. SECONDED BY DEPUTY MAYOR RESNICK. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE) MOTION CARRIED 4-1. 503)Designation of Voting Delegate to 2025 Florida League of Cities Annual Conference MOTION TO APPROVE ITEM 503 NAMING MAYOR MCCANN AS THE VOTING DELEGATE. MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE) MOTION CARRIED 4-1. 504)New Business Deputy Mayor Resnick asked about easements along waterways and the potential to create ordinance that allows this. Attorney Garganese noted that he didn't think this would require an ordinance and Manager Sweet noted the ongoing Kimley-Horn study which he thought should be included in any discussions on this topic. Manager Sweet noted that there was a planned presentation in August with Kimley-Horn to come before the Commission. Commissioner Bruce noted she wanted to discuss arbor mitigation credits and potentially change what is allowed via ordinance for the fees to be expended on. Commissioner Bruce suggested that rather than maintenance of trees in rights-of-way, these funds should be used to buy land and/or new trees. Commissioner Bruce further spoke on the need for a certified arborist, asked that only native plants be included in the annual tree giveaway, and discussed the possibility of including the Florida Department of Environmental Protection and/or St. Johns River Water Management District in the permitting process for tree removal. Commissioner Baker noted the number of courts that were reserved by the vendor at the pickleball facility and asked if they could be released if not in use. CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, JULY 14, 2025 | PAGE 9 OF 10 REPORTS 600)City Manager Kevin Sweet No report 601)City Attorney Anthony A. Garganese No report 602)City Clerk Christian Gowan No report. 603)Mayor Kevin McCann Thanked city staff and the Winter Springs Police Department for their work with the Celebration of Freedom, July 4th event. 604)Seat One Commissioner Paul Diaz No report. 605)Seat Two Commissioner Victoria Bruce Noted her attendance at the Wawa Community Workshop and a lack of signage that made it difficult to find, asked about inclusion of picnic tables and electric vehicle chargers on the site. Noted invitation to discuss stormwater with Howell Creek Reserve HOA and a discussion about 417 sound walls near Saranac Drive. Finally, she reminded residents that Coffee with a Cop was coming up and a Public Hearing about the 417 expansion. 606)Seat Three Commissioner Sarah Baker Noted her attendance at the Seminole County Parks Committee meeting and planned attendance at the State of our Schools event. Noted Celebration of Freedom was a good time and great opportunity for Commission to come together and engage the community. 607)Seat Four Commissioner Deputy Mayor Resnick Noted ongoing calls from residents concerned about flooding and ongoing work on this issue. He thanked Senator Jason Brodeur, Representative David Smith, and Representative Rachel Plakon for assisting in getting state funding appropriated for the city. Finally, Deputy Mayor Resnick noted the late start of the fireworks show and thanked residents and staff for staying and participating. Finally, he noted his own discussion with Wawa representatives and the upcoming Coffee with a Cop. 608)Seat Five Commissioner Mark Caruso Noted the height of the fireworks at the Celebration of Freedom event being lower than normal. PUBLIC INPUT Mayor McCann opened Public Input. Ms. Gina Shafer, Winter Springs Village, Winter Springs suggested staff proofread commissioner's social media. Mr. Paul Partyka, 1693 Wingspan Way, Winter Springs noted upcoming PBAS meeting, didn't think handling of the project (Item 501) was appropriate and noted the need to resolve the issues. SUBJECT: Enuresis and Mr. Phillips WASCA Associates? TO: Mayor: Kevin McCann City Attorney: Anthony Garganese City Commissioners: Baker, Bruce, Caruso, Diaz, and Reznick City Manager: Kevin Sweet July 17, 2025 Or. Jesse Phillips screams his endless tirades are not his imagination, but his and WSCA's rendition of the truth. On Monday June 30, 2025, three of WSCA's recruited, vetted and endorsed City Commissioners, approved the illegal transfer of $270,000 of tax payers money to some past developer. These three Commissioners admitted Ex-Parte," meetings with this Developer, his attorney, and Ex -mayor Paul Partyka, who has also had a litany of past conflict of interest challenges while in office, so I'm enclosing a two page document dated January 22, 2011. From this its obvious Phillips and Greenberg's WSCA's agenda, among other matters today, are but an update of unstated conspiracies still unfolding around Winter Springs. Reading this document may cause many, including Phillips, Greenberg, and WSCA's disciples, to have enuresis. Saying nothing about WSCA's three Commissioners who approved the illegal 270,000 dollar payment last month, Phillips spreads even more disinformation now. So enclosed too are Phillip's latest deceits: "Sloppy Legal Work, political spin and no one held accountable?" And his mendacious: "Do you trust the current city leadership?" The first is what media call kids with 'infantile tension problems/ while Phillips second, "The Recall of the City Mayor and City Attorney for cause," while not mentioning his three Commissioners who made it happen: is obviously an advanced case of enuresis. In conclusion, this Commission needs to be careful concerning a Mayor and Attorney recall, when in fact it should probably be the five of you. 7 Robert Miller, Winter Springs 3 Enclosures 1. Martinez Letter read in Winter Springs on January 2, 2011 2. Phillips/Greenberg WSCA edict, "Sloppy Work." July 2025 announcement 3. Phillips/Greenberg WSCA recall demand for Mayor and Attorney January 22, 2001 OUR CITY; A SPLENDOR IN CENTRAL SEMINOLE COUNTY I'll start by passing on good news: The present score is the good guys two, Michael Jones & Paul P. Partyka and Michael Jones & Lein & Lenzini — 0 and I am not attempting to be facetious. For some time now we have endured the personal insults, the published half truths, the false and injurious statements read into the record during public input by a group of obstructionists whose only apparent purpose is to derail and delay the efforts of this commission to fulfill the goals set for our great city. In their rhetoric they charge that we are spending huge amounts of money (false and unsupported) irresponsibly. This includes monies spent in defending the City Charter and the right of citizens to set up an assessment district. The Mayor who has aided and abetted the efforts of this group of people indirectly, vetoed the 99 budget because of excessive legal expenses while not being politically correct for it was his actions that precipitated the right of this commission to defend itself and the City Charter. The Mayor vetoed the Commercial Parking ordinance after working with the Commission for six months and ultimately approving the final draft without objection. The Mayor in order to make a profitable commission as a realtor whose license was only activated during the late stages of the Town Center codification and agreement sold land to a non for profit organization (501 c3) in order for them to install a respite center in our city after being denied a permit in Sanford. This transaction sailed through without the slightest hint to the Commission that a city official was involved. The Mayor never voted for or against the beautification assessment district and if one listens carefully to each and every tape recorded and dealing with that subject one will learn that there is subtle support for the People for Good Government and their representatives who filed the infamous law suit against the bond issue; necessary to proceed with the project. The Mayor in his smooth and subtle ways supported the Pizza parlor to be opened on Winter Springs Boulevard; Tuskawilla's center piece, by bringing in his campaign manager and his other supporter to speak in support of the application while in a sort of way performing theatrics while chiding the commission. Our Mayor then proceeds to call on the applicant to make a presentation. Usual procedure. However and instead of proceeding as usual, the applicant is asked leading questions by the Mayor in order to reinforce the position of the applicant and further allows and permits the applicant to make threats against person/s that could be performing background checks in order to learn if the subject is suitable to do business in our community. The Mayor also permitted one of his friends to scald yours truly over a remark made to a City employee. Yet, he readily and without hesitation for the third time in the span of one year, interrupted yours truly when I legitimately was attempting to speak against the restaurant and needed to speak about the respite center in order to connect and make sense of my statement. This is not a political year and there are not any elections pending or seats up for grabs. I am not making this statement for political reasons. However, we are supposed to be a team and none of us should be using a group of non- conformists to harass and obstruct this public body from performing at above expected level and to achieve the goals approved by the citizens. A perfect example is the current effort by the People for Bad Government to override the official duties of the Commission and pursue a referendum consisting of 13 amendments to the City Charter, most of which are pretentious and ill conceived.This is being done for the only purpose of satisfying our Mayor quest for power not presently granted by the City Charter.The Mayor wants to have a vote; totally unnecessary , veto power, which he already has, and to change our system of government from Manager -Commission strong to Mayor-strong.When he voluntarily ran for election to the position he now enjoys, he was perfectly aware of the powers vested in him. When he was a Commissioner back in 1990-93 he never, ever suggested the then Mayor be given the powers he now wants, nor suggested the Charter be revised then to achieve such a notion. During this period he also participated in the approval of the ordinance and the Agreement that permitted parcel 61 to now be developed as a restaurant and never argued for a variance. The bottom line is that once again, and as I did right after my reelection victory am asking our Mayor to put aside personal differences, to stop lending what the group of obstructionists take as support and to work with this commission for the health, safety and welfare of this; our city. Ed Martinez, Commissioner -= Seat #3 THIS AM EMAIL FROM JESSE, 1 message Winter Springs Residents First<winterspri"Vol esidentsfirst@gmail.com> To: Bob Miller <thezormaster@gmail.com> Bob Miller <thezormaster@gmail.com> Wed, Jul 9, 2025 at 4:38 PM Sloppy Legal Work. Political Spin. And No One Held Accountable. The recent controversy over a $277,400 tree mitigation fee exposed more than just disagreement at City Hall — it exposed a broken system where unclear legal agreements, poor record -keeping, and political deflection are costing this city real money and real trust. Let's set the record straight: this was never about whether trees matter. They do. That's not in question. The real issue is this: how did our city end up in a situation where a legal agreement —worth hundreds of thousands of dollars —was so badly written that no one could agree on what it actually meant? An Inexplicably Vague Agreement The City Commission recently voted 3-2 that the developer in question had already paid the required tree mitigation fee back in 2017, as part of a previously approved development agreement. Several commissioners read the agreement and believed it was clear. Others disagreed. They felt the document was ambiguous. And that's exactly the point. Why was the language so unclear in the first place? And where was the city attorney when this agreement was drafted, reviewed, and enforced? This isn't a debate about trees. It's a debate about competence. Mayor McCann's cynical spin machine Rather than addressing the City Attorney who drafted a bad agreement, Mayor Kevin McCann did what he always does when he doesn't get his way — he ran to Facebook and twisted the facts. Even though he acknowledged during the meeting that no "fee waiver" was being granted, he turned around and told residents the commission had "removed" a $277,400 fee. This is classic political theater: Redirect outrage to protect your friends. Ignore the facts. Paint yourself as the hero solving the problem you caused. And while the mayor plays politics, City Attorney Anthony Garganese just shrugs. No public correctionI No accountability. No responsibility for the poorly written agreement that started this mess. This isn't the first time his legal work has failed the people of Winter Springs —and it likely won't be the last. Patterns We Can't Ignore City Attorney Garganese has been the legal architect (or silent witness) to some of Winter Springs' worst failures: He defended the city's handling of Veolia —and in doing so, helped shield a contractor responsible for repeated water quality failures. He signed off on dismissive audit responses that downplayed major problems. Instead of defending the city's right to enforce its own standards, he gave political cover as the Mayor abdicated home rule —leaving residents stuck with a public storage monstrosity. And now, he's authored or overseen an agreement so vague it cost us a bitter public fight. Why is he still here? Let the People Decide It's time for accountability. We've created a short survey to ask residents directly: Do you believe the city attorney should be reprimanded or replaced? Do you trust Mayor McCann to be honest with the public? WSCASURVEY.pdf 607K 7/9/25, 4:On PM Mailchimp Survey Help Shape the Future of Winter Springs Winter Springs residents have voted for change —but some of the same people responsible for the city Is past failures are still calling the shots. We want to hear directly from you:Do you trust the current leadership? Do you believe our City Attorney is doing his job? Should the Mayor be held accountable for misleading the public? Your responses will help guide efforts to restore trust, transparency, and accountability in our city government. Do you believe Mayor Kevin McCann has been honest with residents? C) Yes O Not sure Do you trust Mayor McCann to represent the direction voters demanded in the last two elections? C_) Yes N o Iecasv 3 https://us7.list-manage.com/survey?u=d3581 e889abf97b205738a536&id=e0ed82112d e=68c377d6f1 1 /4 7/9/251 4:01 PM Mailchimp Survey Not sure Do you believe City Attorney Anthony Garganese has done a good job protecting residents' interests? O Yes O No C Not sure Do you believe the City Attorney should be reprimanded or replaced? O Reprimanded C> Replaced C) Neither O Not sure Who do you hold more responsible for the city's repeated failures in water, development, and transparency? C? Mayor McCann O City Attorney Garganese C Both equally O Neither Do you believe the City Attorney helped enable the past administration thCI t voters removed? 0 Yes O No C_) Not sure https;//us7.list-manage.com/survey?u=d3581 e889abf97b205738a536&id=e0ed82112d&e=68c377d8f1 2/4 7/9/25, 4:04 PM Mailchimp Survey Should the City Commission fire the City Attorney now? O Yes C No t Not sure Would you like to see Winter Springs bring in a new legal team that puts residents first? O Yes C) Not sure Anything you'd like to say to Mayor McCann or City Attorney Garganese? BACKGROUND: The business climate in Winter Springs has long been described as burdensome, especially for mom and pop shops looking to renovate existing space and enhance our community (i.e. old 7M site in Tuscawilla). Some small businesses looking to re -open existing locations are being treated like brand new construction by city planners and engineers, under the direction of Director Terrilyn Rolle, greatly increasing the cost of renovating vacant spaces. How would you rate the current business climate in Winter Springs for small and local businesses? 0 Friendly and supportive O Average Burdensome and overly complicated https://us7.list-manage.com/survey?u=d3581 e889abf97b205738a536&id=e0ed82112d&e=68c377d6f1 3/4 7/9/25, 4:04 PM Mailchimp Survey CJ Not sure Do you believe Planning Director Terrilyn Rolle should be held accountable for policies that have made it harder for small businesses to open or renovate in Winter Springs? 0 Yes — her department's approach is harming our community believe she's doing her job well C) Not sure — I need more information i t t r Report abuse tnTuiT maikhimp https://us7.list-manage.com/survey?u=d3581 e889abf97b205738a536&id=e0ed82112d&e=68c377d6f1 4/4