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HomeMy WebLinkAbout00-2025 08 11 City Commission Regular Meeting MinutesCITY COMMISSION REGULAR MEETING MINUTES A O N DAY, AUGUST 11, 2025 AT 6:3 0 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, August 11, 2025 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, absent 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 Kyle Stewart led the invocation followed by the Pledge of Allegiance. Mayor McCann noted that Commissioner Diaz could not be present and had requested Items 501, 502, and 503 be moved to the next meeting. AWARDS AND PRESENTATIONS 100) Citywide Stormwater Projects Update Mr. Clete Saunier, Director, Public Works and Utilities Director introduced Mr. David Hamstra, Pegasus Engineering to present an update on citywide stormwater projects that have been ongoing since Hurricane Ian. Mr. Hamstra reviewed 14 current stormwater projects, their status, associated timelines, available grants which were increasing in number, and the status of the stormwater master plan. Discussion followed on the planned presentation of the stormwater master plan, phased implementation, and potential workshop meetings. Discussion then turned to creek debris and sediment removal. It was noted debris removal had just finished and sediment would begin in mid -August and the monitoring and reporting process was reviewed. INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Mayor McCann opened Public Input. Mr. Michael McCreight - President of Magical Self Advocacy thanked the Commission for their advocacy and requested a proclamation for March 29th to be recognized as Development Disability Awareness Day in the next year. Mr. McCreight further noted the recent passage of HB73 related to guardianship and consideration requirements forjudges and noted he was willing to work with the Commission and community to address issues for individuals with autism and developmental disabilities. Mr. Nick Berg, Winter Springs noted disappointment in development and removal of trees throughout the city and was supportive of preserving the canopy Mr. Jesse Phillips, Winter Springs read a statement related to water quality, tree mitigation, and the environmental impacts of developments. Mr. Phillips further noted he had reviewed the arbor fund and his rough estimate was that S% went to the annual tree giveaway, 80% to repair and maintenance, and the remainder to administrative overhead. Ms. Judy Bohnstadt, Winter Springs, noted questions related to the development of the independent living facility at Talmo near Longwood and asked about work to be done in the Soldiers Creek area. Ms. Allison Turnbull -Jones requested a continuance for Item 500 due to the absence of Commissioner Diaz. Ms. Leah Weisman, Winter Springs, noted she was happy to see progress on ADA projects throughout the city and asked about possibly installing larger maps and signage in city parks. Mr. Art Gallo, Winter Springs spoke regarding Item S00 and the amount of discussion which has surrounded this issue. Mr. Gallo provided a written version of his comments for the record.' Ms. Gina Shafer, Winter Springs noted that the Commission should have listened to the City Attorney previously related to the arbor fees and thought it should have been tabled when originally heard in June. CONSENT AGENDA 300) Seminole County Sheriff's Office / City of Winter Springs Agreement for Police Dispatching Services - FY 2026 Addendum No discussion. 301) 2025 Hometown Hero Nomination Mayor McCann noted the impressive background of all nominees and thanked them for their service. 302) Special Event Participation Agreement with Rotary Club of Winter Springs - Veterans Day Tribute No discussion 303) Surplus Assets No discussion. 304) Approval of the Minutes from the Monday, June 18, 2025 City Commission Workshop No discussion. 305) Approval of the Minutes from the Monday, July 14, 2025 City Commission Budget Workshop No discussion. 306) Approval of the Minutes from the Monday, July 14, 2025 City Commission Regular Meeting No discussion. PUBLIC HEARINGS AGENDA 400) Second Reading of Ordinance 2025-12: Amending Chapter 2 of the City Code related to City Commission Rules & Procedures, and Addressing the Mayor & Commission 1 The document provided by Mr. Gallo is attached to the end of these minutes. Attorney Garganese read Ordinance 2025-12 by title and noted no changes had been made since first reading. Mayor McCann opened the Public Hearing for Item 400. No one addressed the Commission. Mayor McCann closed the Public Hearing for Item 400. "MOTION TO APPROVE ITEM 400 AS PRESENTED." [HOLD A PUBLIC HEARING AND ADOPT ORDINANCE 2025-12 ON SECOND READING.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); RESNICK (AYE) MOTION CARRIED 4-0. 401) Second 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 Attorney Garganese read Ordinance 2025-13 by title and noted no changes had been made 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 407. "MOTION TO APPROVE ITEM 401 AS PRESENTED." [HOLD A PUBLIC HEARING AND ADOPT ORDINANCE 2025-13 GRANTING AN EASEMENT TO DUKE ENERGY FLORIDA, LLC ON SECOND READING.] MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER CARUSO. DISCUSSION. VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); RESNICK (AYE) MOTION CARRIED 4-0. REGULAR AGENDA 500) Arbor Fees for Blake Commons Plat Area and Seahawk Cove Extension Projectz Mayor McCann opened the discussion by asking if the item should be tabled per the applicant's request. After brief discussion on more documentation that had been shared and no legal requirements preventing consideration of the item with one Commissioner absent it was decided not to table the item. City Manager Sweet clarified that although a signed agreement was submitted, several documents remained incomplete, including the escrow agreement and development agreement. Representatives for the applicant, Mr. Paul Partyka and Ms. Allison Turnbull -Jones, addressed legal issues, ex-parte communications, and contractual interpretations, Mr. Partyka objected to the Mayor's prior comments, suggesting they caused delays. Ms, Turnbull -Jones discussed legal implications under Florida law, exemptions to sovereign immunity, and highlighted ambiguity in the contract. Attorney Garganese acknowledged that ambiguity existed in the documents and confirmed that interpretation was within the Commission's authority. He disagreed with the applicant's claim that certain documents were inadmissible. 2 Documents provided by the applicant are attached to these minutes Commissioners raised concerns about missing permits, fee payments, escrow terms, and project timelines. Deputy Mayor Resnick and others noted the project's long history and pattern of extension requests. Mayor McCann emphasized the distinction between the property and the project, expressed concerns over potential misrepresentation by the applicant, and questioned adherence to contract language. Further discussion continued regarding outstanding fees, permits, and legal interpretations. "I'LL MAKE A MOTION TO RESCIND THE ORIGINAL VOTE AND RECONSIDER THE ORIGINAL DOCUMENT TO THE FEE OF $227,400 AS WAS PRESENTED." MOTION BY DEPUTY MAYOR RESNICK. SECONDED BY COMMISSIONER BAKER. DISCUSSION. VOTE: BAKER (AYE); BRUCE (NAY); CARUSO (AYE); RESNICK (AYE) MOTION CARRIED 3-1. 501) Defund Elected Official's Tuition for Leadership Seminole *AS PREVIOUSLY NOTED, THIS ITEM WAS REMOVED FROM THE AGENDA AND WILL BE HEARD ON AUGUST 25, 2025* 502) Remove UCF Incubator Program Funding *AS PREVIOUSLY NOTED, THIS ITEM WAS REMOVED FROM THE AGENDA AND WILL BE HEARD ON AUGUST 25, 2025* 503) Reduce/Eliminate Duplicative Communications & Promotional Spending *AS PREVIOUSLY NOTED, THIS ITEM WAS REMOVED FROM THE AGENDA AND WILL BE HEARD ON AUGUST 25, 2025* 504) New Business Deputy Mayor Resnick asked again about easements along waterways to allow for maintenance. Manager Sweet noted the ongoing Kimley-Horn study which he thought should be included in any discussions on this topic and reiterated a planned presentation from Kimley-Horn in the near future. Deputy Mayor Resnick also brought forward road issues on Shepard Road and Sheoah Boulevard and noted concerns about e-bike safety which he asked staff to look into to develop guidelines. Commissioner Bruce noted hearing concerns about the new utility billing payment system and heard it was not user-friendly. Manager Sweet noted a how -to -guide had been produced and was being shared with residents. REPORTS 600) City Manager Kevin Sweet The City Manager provided a brief update, noting the kickoff of hazard mitigation projects in coordination with Pegasus Engineering and Florida Commerce which significantly reduced the city's financial burden for key public safety improvements, including a police safe room and a public works generator. He noted creek debris cleanup wrapped up, and sediment removal at creek crossings would begin shortly following a pre -construction meeting. Manager Sweet further noted that the Winding Hollow turn lane was nearing completion, with mast arm installation underway. Regarding the State Revolving Fund (SRF), he noted the city had submitted its application for standard funding, though grant decisions related to Hurricane Milton funding would be delayed due to demand. Lastly, the City Manager introduced Brianna Lavine as the city's new Public Communication Specialist. 601) City Attorney Anthony A. Carganese No report 602) City Clerk Christian Cowan Noted he was serving as the City's representative on the Seminole County Semi-Quincentennial Planning Subcommittee (Seminole 250) looking at ways to commemorate the 250th anniversary of the country in 2026. He shared dates of upcoming public hearings and encouraged residents and other stakeholders to attend and share their thoughts. 603) Seat One Commissioner Paul Diaz - Absent 604) Seat Two Commissioner Victoria Bruce Commissioner Bruce noted she supported the Liberty Tree idea and recommended preserving a historic tree on the Catalyst property for this purpose, urging its inclusion in the developer's agreement. She also celebrated the start of the school year at Choices in Learning, noted its rise to #8 in state rankings. Other updates included a rescheduled HOA meeting (August 27), participation in ambassador programs with the Florida League of Cities and Seminole County Schools, and a request to discuss tree mitigation funds and their use at an upcoming meeting. 605) Seat Three Commissioner Sarah Baker Commissioner Baker shared news from the CALNO meeting about an innovative new public transit service called SCOUT, scheduled to launch in October which would offer the only direct public transit service to Sanford Airport. 606) Seat Four Commissioner Deputy Mayor Resnick Deputy Mayor Resnick recapped a successful "Coffee with a Cop" event on the west side of the city and praised the police department's engagement. He also noted meeting with the Parkstone HOA and project stakeholders, reporting productive progress with long-term planning. Deputy Mayor Resnick applauded the inclusive culture at Choices in Learning. Additional updates included promotion of the upcoming Rotary Pickleball Tournament on October 11 and a suggestion to formally honor the late Jerry Marino at the Veterans Memorial. Finaly, Deputy Mayor Resnick noted he was planning to attend the Florida League of Cities conference to bring back innovative ideas. 607) Seat Five Commissioner Mark Caruso Commissioner Caruso shared his experience at the first day of school, noting the strong community spirit. He thanked Northland Church and Mercy Road for enabling the donation of 120 backpacks to local students. He also hosted a successful back -to -school supply drive at Black Hammock and noted he would continue to distribute leftover supplies to families in need. 608) Mayor Kevin McCann Mayor McCann provided updates on major transportation projects, including the widening of SR 417 He also recounted a local historical event where a map from 1765 and a rare 17th-century coin were showcased highlighting Winter Springs' early place in Central Florida history. The mayor praised school leaders at Choices in Learning and Winter Springs High School for their work building strong student communities, particularly through efforts like Bear Bash. Finally, he commended the recent police officer swearing -in ceremony and noted that detailed guides for the city's new utility billing system are now available online and in person at City Hall. PUBLIC INPUT Mayor McCann opened Public Input. Mr. Art Gallo, Winter Springs noted the upcoming Police Citizens Academy and encouraged residents to apply. Mr. Gallo further thanked the Commission for the discussion on Item S00, encouraged maintaining training budgets, and thanked Commissioner Bruce for nominating him for Hometown Hero. Ms. Gina Shafer, Winter Springs noted Winter Park's City Manager coffee event and encouraged looking into emulating this. Ms. Shafer further asked about Dream Finders and any arbor fee payment they may have made. Finally, Ms. Shafer noted concerns about e-bikes and the trail. Ms. Leah Weisman, Winter Springs commented on e-bikes and the need for rules to ensure safety. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 9:06 p.m. RESPECTFULLY SUBMITTED: o��•�nter ao CHR TIAN D. GOWAN, MPA, CIVIC, `otPo ra�ea s CITY CLERK 195� ,a 0 APPROVED: MAYOR KEVIN McCANN NOTE: These Minutes were approved at the September 8, 202S City Commission Regular Meeting. 11 August 2025 Commission Meeting — Gallo Public Input #1 With reference to Regular AI# 500 concerning arbor fees, there is far too much attention on side issues, what I call here "chaff lunches," that have no real relevance to this agenda item today, and like chaff, have served to unnecessarily distract the Commission from the only real question: "Did the developer pay all of their required arbor fees per the contract?" Chaff launch #1: The Mayor voted or vetoed. The Mayor never voted on this issue or vetoed it. He only expressed his concerns based on what he knew and believed to be true. As required by the City Charter, he represented only the best interests of the Residents of Winter Springs as well as the entire City as a whole. An agenda Item to reconsider was made, seconded, discussed, and legally approved by the Commission. Chaff launch #2: Roberts Rules of Order (RRoO) not followed: Per City Charter Section 2.27d, Robert's Rules of Order shall be the "underlying foundation" for the conduct of commission meetings and will be followed to the extent "practical and feasible" .... I argue here that that both relevant and critical information was not presented to the Commission by the Developer's Legal Representative during the 23 June Commission Meeting (see Al 404), and that this is a case where strictly following RRoO was therefore not required, nor in the best interests of the residents of Winter Springs or the City as a whole. Chaff launch #3: The Reconsideration Request Does Not Meet City Requirements. I have already explained that RRoO need not be followed in this situation. The Burden of proof as detailed in City Charter Section 2-30(5) states: "...The applicant seeking approval of an application has the burden of proving that the proposed application is consistent with the city's comprehensive plan and complies with all of the applicable substantive criteria and procedural requirements of the City Code and other applicable provisions of law...". The application in this sense is focused on the correct interpretation of the contractual agreement as it pertains to the proper payment of arbor fees. That's it! Chaff launch #4: A Quasi -Judicial vs Legislative Function: City Staff advised the Commission that the arbor fee discussions were a "contract interpretation" issue (not a code or ordnance issue). The Commission could rescind the prior action previously approved by a majority of the Commission, if a majority voted to do so. Commissioners who originally voted "for" the original issue saw the new evidence and rightly (and bravely I will add) decided on 14 July (Al # 501) that that a new look at this contractual issue made sense. That vote was 3-2 in favor to reconsider the original vote. None of these four arguments are relevant to your final decision today which is to review the evidence provided and then interpret the contract as it pertains to arbor fees and answer this one question: Did the Developer pay all of their required arbor fees per the contract?" Based on the evidence provided, that is the only question that needs answering this evening! ...Nothing more. Nothing less... Lessons/Learned from all of this: Write better contracts! r p Ali G�/ 'l Z Than ou. Art Gallo 10 �� S� ►- f V )L P-Vg psi Summary of the work and estimated cost that was done under the 2015 and 2017 DA agreements by the Developer. Mar 10, 2015 DA: 3 (a) Approval of the initial phase of the development to include the apartments and to change the concept plan 3 (b) The Master Stormwater Retention Facility to be constructed for the entire Property (45 +/- acres) concurrent with the apartments on the east side of Michael Blake Blvd. on donated land by the Developer (6.55 +/- acres - value-$2,613,600) Access points and street frontage to be constructed Build new streets and/or road improvements, then convey those to the city Concurrent with the initial phase of the project, construct a roundabout on the intersection of Tree Swallow and Michael Blake Blvd. The eastern side of the roundabout will be stubbed out for the future continuation of the Tree Swallow Drive to the east and the road will conveyed to the city. Jan 9, 2017 DA: 3 (a) Project obligation to construct collector roads with impact fee credits to be applied to the apartments then any credit balance goes to the Future Development on the east side of Michael Blake Blvd. 3 (b) The city hereby agrees that the final adjusted City arbor fee for the Project (not just the initial phase) shall be $149,660. 3 (e) in consideration for the City agreeing to the terms and conditions herein, Developer agrees to conveyance 2.2 acres on Tuscawilla Road & Tree Swallow across from the Fisher Medical Building. (land Value - $1,629,144) The number of MF dwelling units now limited to 283 for the entire Property and the East side of the Concept plan will be replaced with commercial Trees and replacement credit for both sides of Michael Blake Blvd. including 213 trees on the east side Commitment and letters of credit for the maintenance of the roads for at least 2 years In total, the conservative cost estimate of the conveyance of 2 major land parcels, new collector roads and road improvements and their conveyance to city, arbor fees and credits, the Property (45 acres) master stormwater retention construction, construction of the lift station and extension of utility lines throughout the Property, is over $9,000,000. These plans were negotiated by the City and Developer and incorporated in both Developer agreements which are contracts to be relied on by everyone.