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Home My WebLink About2025 08 11 Consent 306 - Approval of the July 14, 2025 Meeting MinutesCONSENT AGENDA ITEM 306 CITY COMMISSION AGENDA | AUGUST 11, 2025 REGULAR MEETING TITLE Approval of the Minutes from the Monday, July 14, 2025 City Commission Regular Meeting SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Commission review and approve the Monday, July 14, 2025 City Commission Regular Meeting minutes as presented. 82 CITY COMMISSION REGULAR MEETING MINUTES MONDAY, JULY 14 , 2025 AT 6:30 PM CITY HALL – COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 83 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 2 O F 1 0 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 84 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 3 O F 1 0 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. 85 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 4 O F 1 0 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 86 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 5 O F 1 0 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. 87 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 6 O F 1 0 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 88 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 7 O F 1 0 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 23 rd 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. 89 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 8 O F 1 0 *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. 90 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 9 O F 1 0 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. 91 C I T Y C O M M I S S I O N M I N U T E S | R E G U L A R M E E T I N G | M O N D A Y , J U L Y 1 4 , 2 0 2 5 | P A G E 1 0 O F 1 0 Ms. Joan Jansen, 211 Cottonwood Drive, Winter Springs noted concerns with the conduct of Commission members, noted she was glad the tree mitigation fee was to be reconsidered and agreed that the Commission was bullied into making a decision. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs noted he appreciated the passion displayed and was in favor of the reconsideration discussed in Item 501. Mayor McCann closed Public Input. ADJOURNMENT Mayor McCann adjourned the meeting at 10:59 p.m. RESPECTFULLY SUBMITTED: ____________________________________ CHRISTIAN D. GOWAN, MPA, CMC CITY CLERK APPROVED: _____________________________________ MAYOR KEVIN McCANN NOTE: These Minutes were approved at the _____________________________2025 City Commission Regular Meeting. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124