HomeMy WebLinkAbout2025 11 10 City Commission Regular Meeting AgendaCITY COMMISSION
REGULAR MEETING AGENDA
MONDAY, NOVEMBER 10, 2025 - 6:30 PM
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
1
CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
AWARDS AND PRESENTATIONS
100. Presentation from Raftelis: Update on Utility Rate Study
INFORMATIONAL AGENDA
200. Not Used
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
CONSENT AGENDA
300. Approval of Resolution 2025-21: Final Budget Amendment
Resolution_2025-21_Year End_Budget_Amendment.pdf
301. Extension Request - MTH Development, LLC (Living Life Independent Living Facility)
Substantial Commencement of Vertical Construction of Buildings
MTH Development LLC (Living LIfe ILF) Development Agreement - 2023 09 12.pdf
MTH Development LLC City Commision Extension Request.pdf
MTH Development LLC Sitework Permit Amco Rescind Letter.pdf
302. Approval of Purchase for IT Department
303. 2026 City of Winter Springs Community Events Calendar
CITY OF WINTER SPRINGS 2026 CITY EVENTS & PROGRAMS Final.pdf
304. Police Station Safe Room Grant Funding Modification for Extension
4673-063-R MOD #1 - For Sub-Recipient Signature - (10-16-25).pdf
305. Approval of the Minutes: Monday, October 27, 2025 City Commission Regular Meeting
2025 10 27 City Commission Regular Meeting Minutes.pdf
PUBLIC HEARINGS AGENDA
Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives and/or sends ex parte
communications regarding any application filed with the city, the mayor or any city commissioner must publicly
disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial
matter, so that persons who have opinions contrary to those expressed in the ex parte communications are
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given a reasonable opportunity to refute or respond to the communications.
400. First Reading of Ordinance 2025-15: Providing for a Referendum and Ballot Language for
the November 3, 2026 General Election Proposing Amendments to the City Charter.
Ordinance 2025-15 Charter Referendum re Mayor and Single-Member Districts.pdf
401. First Reading of Ordinance 2025-16: Amending Allowable Expenditures of Tree Bank
Funds
Ordinance 2025-16 Amending Tree Bank.pdf
REGULAR AGENDA
500. Consideration of Fee Waiver for the Wesley Seth Foundation Event
Special Event Application.pdf
501. State Revolving Fund Loan Application for East Waste Water Facility Replacement
Construction
Resolution NO. 2025-22 Loan Authorization East Wastewater Treatment Plant.pdf
CWSRF Point Source Loan Application_12.11.25.pdf
502. Matters Related to Boards and Committees
503. New Business
REPORTS
600. City Manager Kevin A. Sweet
601. City Attorney Anthony A. Garganese
602. City Clerk Christian Gowan
603. Mayor Kevin McCann
604. Seat One Commissioner Paul Diaz
605. Seat Two Commissioner Victoria Bruce
606. Seat Three Commissioner Sarah Baker
607. Seat Four Commissioner/Deputy Mayor Cade Resnick
608. Seat Five Commissioner Mark Caruso
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be
advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in
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attendance at this Meeting, and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the
City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a
physically handicapped person to attend the meeting, directed to the chairperson or director of such
board, commission, agency, or authority" - per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board, agency, or commission with respect to
any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and
that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based" - per Section
286.0105 Florida Statutes.
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CONSENT AGENDA ITEM 300
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Approval of Resolution 2025-21: Final Budget Amendment
SUMMARY
The City Manager is requesting that the City Commission consider the approval of
Resolution 2025-21 amending the Fiscal Year 2024-2025 Budget.
The City Charter provides the Commission may amend the budget by resolution. Only those
funds requiring budget adjustments are included therein. The agenda item is needed to
amend the budget for those funds which vary from the originally adopted budget.
The majority of the amendments are necessary for one of the following reasons:
accrual of revenues and expenses in the appropriate fiscal year
variations between budgeted (estimated) and actual revenues and expenditures
2024-2025 agenda items with fiscal impact
Part of the normal course of operations at fiscal year-end is the accrual of revenues and
expenses. The accruals are necessary for aligning revenues and expenses with the fiscal
period to which they relate. It is also typical for some variances between actual and
budgeted expenses and revenues to require budget adjustments. Furthermore, over the
course of the fiscal year various agenda items are approved by the Commission. In some
cases, those approved agenda items lack specific language to amend the expenditure
budget or the appropriation to or from fund balance. This resolution formalizes the fiscal
impact of those actions.
Shown in Attachment 1 are the final budgeted fund balances for all funds requiring
amendment for the 2024-2025 fiscal year. Please note these are budgeted figures only, not
to be confused with audited financial statements which will be available by the end of
March 2026. State statute requires that the final budget amendment be formalized by
November 29, 2025 [Section 166.241 F.S.].
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission approve Resolution 2025-21, the Fiscal Year 2025
Final Budget Amendment, as presented.
5
City of Winter Springs
Resolution 2025-21
Page 1 of 2
RESOLUTION 2025-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, AMENDING THE FISCAL YEAR
2024-2025 BUDGET; PROVIDING FOR SEVERABILITY,
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, Section 7.05 of the City Charter provides that the annual City budget
may be amended by Resolution duly adopted by the Commission; and
WHEREAS, the City Commission of the City of Winter Springs deems that this
Resolution is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated by this reference.
Section 2. That the Fiscal Year 2024-2025 City Budgets are amended as provided in
Attachment 1 hereto.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word,
or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 10th day of November, 2025.
ATTEST:
__________________________________________
KEVIN McCANN, Mayor
6
City of Winter Springs
Resolution 2025-21
Page 2 of 2
_____________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
_____________________________________
ANTHONY A. GARGANESE, City Attorney
7
Attachment 1 - Budget Amendment Detail
Resolution 2025-21
General Fund
Funds not included in this summary do not require a budget amendment
HELPFUL TOOLS: Fiscal Year 2024-2025 Original Budget as approved by City Commission on 9/23/24 Public Hearing 401.
Difference in Beg
Fund Bal
Projected to
Actual
Actual Beg Fund
Balance
General Fund #001:
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $9,085,506 $2,832,135 $11,917,641
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($2,034,400)
9/30/25 Budgeted Ending Fund Balance $7,051,106
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $2,832,135
Revenue Neutral:
Grants/Donations:
FDLE Jag Grant (21) $17,227 Res 2025-06
Increase Machinery & Equipment (21) ($17,227) Res 2025-06
FMIT Safety Grant (21) $6,000 Res 2025-06
Increase Small Tools (21) ($6,000) Res 2025-06
Energy Efficiency Grant Voucher Program (00) $74,520 Res 2025-06
AC Replacements Approved by Voucher Program Consent 305 10.28.24 (16) ($74,520) Res 2025-06
Increase Gen Fund Revenues (Electricity Utility Tax (00), Investment Earnings (00), Auction Proceeds (00), and Street Lighting (41) $1,000,000
Increase Transfer to Stormwater from General Fund (19) ($1,000,000)
$0
Community Events:
Recognize revenue budget - Winter Wonderland $22,020 Res 2025-06
Establish expenditure budget - Winter Wonderland (7400) ($22,020) Res 2025-06
Recognize revenue budget - Hometown Harvest $16,500 Res 2025-06
Establish expenditure budget - Hometown Harvest (7400) ($16,500) Res 2025-06
Recognize revenue budget - Celebration of Freedom $47,640 Res 2025-06
Establish expenditure budget - Celebration of Freedom (7400) ($47,640) Res 2025-06
Recognize revenue budget - Spring Festival $5,220 Res 2025-01
Establish expenditure budget - Spring Festival (7400) ($5,220) Res 2025-01
$0
Inter-departmental transfers:
Other:
Inter-departmental transfer FROM Dep't 15 (1520) Comm Dev - Vehicle Replacement ($52,000) Res 2025-06
Inter-departmental transfer FROM Dep't 16 (1935) Facilities - Vehicle Replacement ($50,000) Res 2025-06
Inter-departmental transfer FROM Dep't 72 Parks - Vehicle Replacement ($50,000) Res 2025-06
Inter-departmental transfer TO Dep't 41 Public Works - Vehicle Replacement (4110) Adjusted after fleet review $152,000 Res 2025-06
Inter-departmental transferTO Dep't 12 Exec & Leg - Y/E Compliance (1200)$25,000
Inter-departmental transfer FROM Dep't 13 Finance - Y/E Compliance (1300) ($80,000)
Inter-departmental transfer TO Dep't 13 Finance - Y/E Compliance (1360) $40,000
Inter-departmental transfer FROM Dep't 15 Devo Svcs - Y/E Compliance (1500-1530)($650,000)
Inter-departmental transfer FROM Dep't 16 Info Svcs - Y/E Compliance (1315-1935)($476,000)
Inter-departmental transfer TO Dep't 19 Gen Gov't - Y/E Compliance (1400-1900)$2,100,000
Inter-departmental transfer FROM Dep't 21 PD - Y/E Compliance (2100-2140) ($660,000)
Inter-departmental transfer FROM Dep't 41 Public Works - Y/E Compliance (1940-4110)($224,000)
Inter-departmental transfer FROM Dep't 72 Parks - Y/E Compliance (7200-7250)($75,000)
$0
Fiscal Year 2024 Purchase Order/Budget Rollovers:
Increase Parks Consulting Rollover PO for CWP Master Plan (72) ($123,324) Res 2025-01
Increase Gen Government (19) /Finance (13) Consulting Rollover PO for Hurricane Ian Closeout ($40,000) Res 2025-01
($163,324)
Revisions to Original Budgeted Appropriation TO (FROM ) Fund Balance ($163,324)
REVISED 9/30/25 Budgeted Ending Fund Balance $9,719,917
FY 24 Mid-Year Budget Amendment
Attachment 1 8
Attachment 1 - Budget Amendment Detail
Resolution 2025-21
Other Governmental Funds
Difference in Beg
Fund Bal Projected
to Actual
Actual Beg Fund
Balance
Police Education Fund #101
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $17,567 $12,295 $29,862
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($2,240)
9/30/25 Budgeted Ending Fund Balance $15,327
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $12,295
Traffic Revenue $24,974 Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $37,269
REVISED 9/30/25 Budgeted Ending Fund Balance $52,596
Special Law Enforcement Fund - Local #102
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $26,157 $8,487 $34,644
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($13,130)
9/30/25 Budgeted Ending Fund Balance $13,027
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $8,487
Increase in Confiscation Revenue $8,108 Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $16,595
REVISED 9/30/25 Budgeted Ending Fund Balance $29,622
Road Improvement (Infrastructure Surtax)Fund #121
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $8,098,998 $1,740,385 $9,839,383
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($2,675,000)
9/30/25 Budgeted Ending Fund Balance $5,423,998
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $1,740,385
Discretionary Sales Surtax Revenue 3rd Gen (Additional Over Budgeted Amount - Real)$370,000 Res 2025-06
Discretionary Sales Surtax Revenue 4th Gen (Not Budgeted at time of Adoption - Real)$708,000 Res 2025-06
Discretionary Sales Surtax Revenue 4th Gen (Not Budgeted at time of Adoption -Estimated)$892,000 Res 2025-06
Federal Grant Revenue (NRCS - Creek Sediment and Debris Removal)$459,202 Res 2025-06
Rollover PO for Stormwater Improvement Program - Kimley Horn Tasks 1-5 - (Reg 502 2.26.24, Reg 500 6.24.24)($662,000)Res 2025-06
Federal Grant Revenue (NRCS - Moss Park Creek Bank Stabilization)$571,965 Res 2025-06
Federal Grant Revenue (NRCS - Creek Sediment and Debris Removal) Reclass Revenue to Stormwater Fund ($459,202)
NRCS - Creek Sediment and Debris Removal Hurricane Ian Projects Reclass Expenditures to Stormwater Fund $612,270
NRCS - Creek Sediment and Debris Removal Hurricane Milton Projects Reclass Expenditures to Stormwater Fund $394,499
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $4,627,119
REVISED 9/30/25 Budgeted Ending Fund Balance $10,051,117
Solid Waste/Recycling Fund #130
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $1,902,187 ($38,929)$1,863,258
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance $18,678
9/30/25 Budgeted Ending Fund Balance $1,920,865
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials ($38,929)
Increase consulting storm reserve ($30,000) Res 2025-01
Increase emergency / recovery services ($400,000) Res 2025-01
HELPFUL TOOLS: Fiscal Year 2024-2025 Original Budget as approved by City Commission on 9/23/24 Public Hearing 401.
FY 24 Mid-Year Budget Amendment
Attachment 1 9
Attachment 1 - Budget Amendment Detail
Resolution 2025-21
Other Governmental Funds
Difference in Beg
Fund Bal Projected
to Actual
Actual Beg Fund
BalanceHELPFUL TOOLS: Fiscal Year 2024-2025 Original Budget as approved by City Commission on 9/23/24 Public Hearing 401.
Increase in Solid Waste Revenue $115,000
Increase in Disposal Landfill ($115,000)
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance ($468,929)
REVISED 9/30/25 Budgeted Ending Fund Balance $1,451,936
TLBD Maintenance Fund #160
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $83,343 $252,754 $336,097
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($82,504)
9/30/25 Budgeted Ending Fund Balance $839
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $252,754
Increase Insurance Settlement Proceeds $43,443 Res. 2025-01
Increase CIP, Project delayed due to Hurricane Milton (Rollover PO)($200,000)Res. 2025-01
Increase Insurance Settlement Proceeds $4,980 Res 2025-06
Increase CIP , North Fountain Repair ($45,000)Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $56,177
REVISED 9/30/25 Budgeted Ending Fund Balance $57,016
Oak Forest Maintenance Fund #161
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $81,175 $21,893 $103,068
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($24,003)
9/30/25 Budgeted Ending Fund Balance $57,172
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $21,893
Increase Contract/Administrative for Assessment District Rate Study ($16,000)Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $5,893
REVISED 9/30/25 Budgeted Ending Fund Balance $63,065
Sewer Plant Replacement (ARPA/SRFL) Fund #180 (Fund Established 9/13/2021 with Resolution 2021-24)
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $1,101,327 $619,525 $1,720,852
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance $22,000
9/30/25 Budgeted Ending Fund Balance $1,123,327
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $619,525
Increase CIP Budget, Approved 09.23.24 Item 500 (Rollover PO) for Lift Station 7W Construction (4,044,327) Res 2025-01
Increase Recognition of ARPA Revenue from Deferred Revenue as Spent $4,044,327 Res 2025-01
Increase CIP Budget, Approved 12.11.23 Item 500 Budget (Rollover PO) for Waste Water Treatment Plant Design ($3,700,000)Res 2025-01
Increase Recognition of ARPA Revenue from Deferred Revenue as Spent $3,700,000 Res 2025-01
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $619,525
REVISED 9/30/25 Budgeted Ending Fund Balance $1,742,852
1999/2011 Debt Service Fund #202
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $1,333,463 $2,556 $1,336,019
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($42,505)
9/30/25 Budgeted Ending Fund Balance $1,290,958
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $2,556
Increase in Consulting for Arbitrage Calculation Due FY25 by PFM ($1,000)Res 2025-06
FY 24 Mid-Year Budget Amendment
Attachment 1 10
Attachment 1 - Budget Amendment Detail
Resolution 2025-21
Other Governmental Funds
Difference in Beg
Fund Bal Projected
to Actual
Actual Beg Fund
BalanceHELPFUL TOOLS: Fiscal Year 2024-2025 Original Budget as approved by City Commission on 9/23/24 Public Hearing 401.
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $1,556
REVISED 9/30/24 Budgeted Ending Fund Balance $1,292,514
Special Assessment TLBD I Debt Service Fund #261
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $31,512 $2,120 $33,632
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance $284
9/30/25 Budgeted Ending Fund Balance $31,796
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $2,120
Increase in NBS fees for new contract ($151)
Increase in Capital Assessement Revenue $151
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $2,120
REVISED 9/30/24 Budgeted Ending Fund Balance $33,916
Public Facilities Capital Project Fund #303
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $1,713,291 $792,375 $2,505,666
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($1,426,000)
9/30/25 Budgeted Ending Fund Balance $287,291
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials $792,375
Transfer in from General Fund (19) for HMGP / HMGMP Grant Projects (Police Safe Room, PW Generator) $1,500,000
Revisions to Original Budgeted Appropriation TO (FROM) Fund Balance $2,292,375
REVISED 9/30/25 Budgeted Ending Fund Balance $2,579,666
FY 24 Mid-Year Budget Amendment
Attachment 1 11
Attachment 1 - Budget Amendment Detail
Resolution 2025-21
Enterprise Funds
Net Capital,
Restricted, NPL
Difference in Beg
Fund Bal -
Projected to
Actual
Actual Ending
Fund Equity
Water & Sewer Operating Fund #410
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $7,077,536 $25,824,762 $15,578,481 $48,480,779
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($4,501,169)
9/30/25 Budgeted Ending Fund Balance $2,576,367 W&S Svc Avail Fund $6,370,977
ACFR combines
410, 412 $54,851,756
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
$15,578,481
Increase CIP Budget, Approved 12.11.23 Item 500 Budget (Rollover PO) for Waste Water Treatment Plant Design ($5,452,000) Res 2025-01
Increase Debt Proceeds from Approval of State Revolving Design Loan 01.10.25 $5,452,000 Res 2025-01
Increase CIP Budget, Approved 12.11.23 Item 500 Budget (Rollover PO) for Waste Water Treatment Plant Design ($3,457,045) Res 2025-01
Defer to FY26 CIP Budget, Approved 12.11.23 Item 500 Budget (Rollover PO) for Waste Water Treatment Plant Design $5,425,200 Res 2025-06
Defer to FY26 Debt Proceeds from Approval of State Revolving Design Loan 01.10.25 ($5,452,000) Res 2025-06
Defer to FY26 CIP Budget, Approved 12.11.23 Item 500 Budget (Rollover PO) for Waste Water Treatment Plant Design $3,457,045 Res 2025-06
Increase CIP Budget for CMAR Preconstruction Services on Reg 05.12.25 (585,346) Res 2025-06
Rollover FY24 PO for West WRF Disk Filter Reg 500 Approved 4.29.24 (366,085) Res 2025-06
Recognize Grant Revenue from Hurricane Ian FEMA Reimbursement 240,679 Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Equity $14,840,929
$17,417,296
Stormwater Utility Fund #411
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $1,010,347 $7,319,133 $194,581 $8,524,061
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($746,845)
9/30/25 Budgeted Ending Fund Balance $263,502
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
$194,581
Recognize Grant Revenue from Hurricane Ian FEMA Reimbursement $163,080 Res 2025-06
Recognize Grant Revenue NRCS Reimbursement Reclassed from 121 $459,202
Increase Operating Expense NRCS Grant Sediment & Debris Removal Hurricane Ian ($612,270)
Increase Operating Expense NRCS Grant Sediment & Debris Removal Hurricane Milton ($394,500)
Increase Transfer in from General Fund (19) NRCS Grant Expenditures and Additional Projects $2,000,000
Revisions to Original Budgeted Appropriation TO (FROM) Fund Equity $1,810,093
$2,073,595
Water and Sewer Service Availability Fund #412:
As approved by City Commission on 9/23/24. Public Hearing Item 401:
10/1/24 Budgeted Beginning Fund Balance $5,408,387 $962,590 $6,370,977
FY 2025 Budgeted Appropriation TO (FROM ) Fund Balance ($410,000)
9/30/25 Budgeted Ending Fund Balance $4,998,387
Amendments to be approved tonight to Original FY 2024-2025 Budget (as approved on 09/23/24):
$962,590
Align Service Availability revenue budget with YTD actuals $100,000 Res 2025-06
Revisions to Original Budgeted Appropriation TO (FROM) Fund Equity $1,062,590
$6,060,977
HELPFUL TOOLS: Fiscal Year 2024-2025 Original Budget as approved by City Commission on 9/23/24 Public Hearing 401.
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials
REVISED 9/30/25 Budgeted Ending Fund Balance
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials
REVISED 9/30/25 Budgeted Ending Fund Balance
REVISED 9/30/25 Budgeted Ending Fund Balance
Difference in Beginning Fund Balance FROM projected to actual as shown in 9/30/24 Year-End Financials
FY 24 Mid-Year Budget Amendment
Attachment 1 12
CONSENT AGENDA ITEM 301
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Extension Request - MTH Development, LLC (Living Life Independent Living Facility)
Substantial Commencement of Vertical Construction of Buildings
SUMMARY
Legacy at Lake Talmo Development, +/-8.36 acres located at 1201 W SR 434, received
approval by the City Commission on August 8, 2023. As part of that approval, a
Development Agreement with MTH Development, LLC (Living Life Independent Living
Facility) was executed on September 12, 2023. Section 23.0 of the Development
Agreement (Termination) requires the Developer to receive building permits and
substantially commence vertical construction of buildings for the project within two (2)
years of the effective date. The timeframe afforded by the Development Agreement
has since expired and, and, while site work has commenced (Permit COMM-2024-
0053), building permits have not been issued and vertical construction has not
commenced. Building permit review has been finalized, and ready for issuance upon
receipt of permit fees. Staff previously reached out to the Developer, to inquire when
they intended to fulfill the requirement for building permits and substantial vertical
building construction. Mr. Hilal is requesting an additional fourteen (14) months on
the requirement to finalize construction financing/funding. Staff recommends
approval of the requested extension.
FUNDING SOURCE
RECOMMENDATION
The Community Development Department recommends that the City Commission
review and approve the attached request from Michael Hilal, MTH Development, LLC,
for extension of the requirement for Substantial Commencement of Vertical
Construction of Buildings. It is also recommended that the City Commission direct
Staff to prepare a First Amendment to the Development Agreement, and authorize the
City Manager to verify for accuracy and initiate execution process by applicant, Mayor,
and City Attorney.
13
Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2023088840 Book:10512 Page:1617-1627; (11 PAGES) RCD: 9/26/2023 2:35:17 PM
REC FEE $95.00
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
407)425-9566
DEVELOPMENT AGREEMENT
MTH Development, LLC
Living Life Independent Living Facility)
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this
day of frvt , 2023, by and between the CITY OF WINTER SPRINGS,
a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and MTH Development, LLC, a Florida Limited Liability Company,
Developer") whose address is 160 N. Spring Lake Drive, Altamonte Springs, FL 32714.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 8.36 acres, more or less, of real
property located in the C-1 Neighborhood Commercial District, generally south of Lake Talmo
and east of the intersection of US 1792 and SR 434, fronting SR 434, in Winter Springs,
Seminole County, Florida, more particularly described herein ("Property"); and
WHEREAS, Developer has applied for a Conditional Use, Final Engineering/Site Plan
Approval, Aesthetic Plan Approval, and a Waiver from the City Code in order to construct an
independent living facility on the Property; and
WHEREAS, pursuant to Chapter 20 Zoning, Article I1, Division 1, Section 20-29.1 of
the Winter Springs City Code ("City Code"), a community workshop for the Project was held on
February22, 2023; and
WHEREAS, Section 20-29(c) of the City Code requires that all conditional uses, site
plans and waivers shall be binding on the use of the subject property and, further, that as a
condition of approval by the City Commission, all development projects requiring a community
workshop pursuant to Section 20-29. l of the City Code shall be required to be memorialized in a
binding development agreement; and
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page I of 1 I
14
Book 10512 Page 1618
Instrument# 2023088840
WHEREAS, this Development Agreement shall be recorded against the property so that
the terms and conditions of approval related to the Project shall run with the land; and
WHEREAS, the Property consists of two parcels, one of which is located within the City
of Longwood, and;
WHEREAS, approximately ninety-two percent (92%) of the site is located in the City of
Winter Springs and an Interlocal Agreement between the City of Winter Springs and the City of
Longwood has been executed, which would grant Winter Springs limited jurisdiction over the
parcel in Longwood and allow the project to be approved solely by Winter Springs without the
need for it to also be approved by Longwood given that the parcel in Longwood will be used
solely for parking; and
WHEREAS, as provided further herein, the Developer further consents to the City of
Winter Springs exercise of home rule authority over the Longwood portion of the Property for
purposes of enforcement of this Agreement, land use regulations, and general police power
regulations; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has tax parcel
identification numbers of 26-20-30-5AR-OD00-016G (the "Winter Springs Property") and 33-
20-30-513-0000-0010 (the "Longwood Property") and is legally described in EXHIBIT "A",
attached hereto and fully incorporated herein by this reference (collectively the "Property").
4.0 Project Description and Requirements. Developer shall, at its expense,
design, permit and construct a 180,348f square -foot independent living facility comprised of
one- and two -bedroom apartment units with two apartment wings and a two-story clubhouse
connecting the wings on the Property. The clubhouse building will contain common space
amenities, including a restaurant, pub, cafe/bistro, multiple craft and activity spaces, hair and nail
spa, and movie theatre, gym and fitness facilities, library and sitting areas, and a large outdoor
patio space overlooking Lake Talmo. The independent living facility and all public and private
project infrastructure shall be constructed in a single phase.
Hereinafter the project description and requirements are referred to as the "Project"
The Developer shall construct the Project in a manner consistent with the approved Conditional
Use, Final Engineering/Site Plans, Aesthetic Plans, and Waiver that are on file with the City with
the following file numbers and consistent with the requirements contained in this Agreement:
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 2 of 1 1
15
Book 10512 Page 1619
Instrument# 2023088840
File No: CO2022-0027
File No. SP2021-0002
File No. WA2002-0051
File No. AR2022-0028
Specific conditions of approval for the above -referenced Plans and Waivers
include the following, which are also addressed in the staff report for the Conditional Use, Final
Engineering/Site Plans, Aesthetic Plans, and Waiver:
A. The Developer shall install 650 tree credits (152 replacement trees) on the
Property. The trees proposed to be planted in the public right-of-way by the Developer shall be
subject to the obligation of ongoing maintenance and replacement for the first two years
following planting, at the Developer's expense. If the City determines, after reasonable
inspection, that any tree has become severely diseased or damaged to the point that the viability
of the tree has been significantly compromised, the Developer shall be required to replace the
tree. In the event that Developer fails to perform the necessary maintenance, repairs or
replacements of any of the trees, the City shall have the right, but not obligation, to conduct said
maintenance, repairs or replacements and recover the actual cost thereof from the Developer,
which may be imposed as a lien against the Property. Prior to exercising that right, the City shall
provide the Developer written notice and an explanation of the specific default and at least thirty
30) days in which to cure the default. If Developer fails to cure the default by the end of the
cure period, the City may exercise its rights to maintain and replace at any time thereafter.
B. All grass areas on the Property shall use Bahia grass. No St. Augustine
grass or other grass types with low drought tolerance shall be permitted.
C. If the trees proposed in the FDOT right-of-way do not receive FDOT
approval, the City staff has the authority to approve modified landscape plans to relocate the
proposed trees in the right-of-way elsewhere on the property or require a tree bank contribution
per the City Code if the trees cannot be relocated.
D. The Project is hereby declared to be age -restricted in accordance with the
Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended (42 U.S.C. §3601-
3619) and any administrative rules and regulations promulgated thereunder, and the Florida Fair
Housing Act (Chapter 760, Florida Statutes), and any administrative rules and regulations
promulgated thereunder. Each unit, if occupied, shall be occupied solely by persons 65 years or
older (hereinafter referred to as the "Project Age Restriction"). Any proposed future
conversion of the Project Age Restriction on the units to unrestricted housing or any proposal to
add permanent residency by school -aged children shall require approval by the City. If
approved, school impact fees in effect at that time shall be paid with respect to the units and the
Project shall comply with any school capacity and school concurrency regulations in effect at
that time.
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 3 of I I
16
Book 10512 Page 1620
Instrument# 2023088840
5.0 Future Permitting. Developer shall be required to receive building permits and
substantially commence vertical construction of buildings, which shall at minimum include
building foundations, for the Project within two (2) years of the Effective Date of this
Agreement.
6.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Developer, constitute a legal, valid and binding
obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public
Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the
Property in accordance with the terms and conditions of this Agreement. Developer represents
that it has voluntarily and willfully executed this Agreement for purposes of binding himself and
the Property to the terms and conditions set forth in this Agreement.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developer and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property, and shall run with title to the same upon being duly recorded against the Property by
the City.
8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The venue of any litigation arising out of this
Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
11.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
12.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
13.0 Recordation. Upon full execution by the Parties, this Agreement shall be
recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be
responsible for all recording fees associated with this Agreement.
DEVELOPMENT AGREEMENT
City of Winter Springs and MTN Development, LLC.
Page 4 of 11
17
Book 10512 Page 1621
Instrument# 2023088840
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and
other applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand dollars
200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
16.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
17.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
18.0 T_ hird-Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
19.0 Specific Performance and Enforcement. Strict compliance shall be required
with each and every provision of this Agreement. The parties agree that failure to perform the
obligations provided by this Agreement shall result in irreparable damage and that specific
performance of these obligations may be obtained by a suit in equity. The failure to timely
comply with any mandatory condition of this Agreement, including with respect to the
Longwood Property, shall further constitute a violation of the City's Code of Ordinances and
shall be subject to enforcement action as described therein including, but not limited to,
enforcement before the City's Code Enforcement Board under Chapter 2, Article II1, Division 2.
Code Enforcement.
20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, each party shall be responsible for their own attorney's fees and costs.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement in accordance with the criteria of the City Code and the requirements of this
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 5 of 11
18
Book 10512 Page 1622
Instrument# 2023088840
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend or terminate any and all certificates of occupancy for any building,
trailer, structure or unit if Developer is in breach of any term and condition of this Agreement.
22.0 Default. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non -defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior
to any party tiling any action as a result of a default under this Agreement, the non -defaulting
party shall first provide the defaulting party with written notice of said default. Upon receipt of
said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure
the default to the reasonable satisfaction of the non -defaulting party prior to filing said action.
23.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building
permits and substantially commence vertical construction of buildings, which shall at minimum
include building foundations, for the Project within two (2) years of the effective date of this
Agreement. The Developer may apply to the City Commission for an extension of this
Agreement, which may be granted upon good cause shown. In addition, the City shall have the
right, but not obligation, to terminate the Agreement if Developer permanently abandons
construction of the Project, provided, however, the City shall first deliver written notice and an
opportunity to cure to the defaulting party as set forth in Section 22 above. If the City terminates
this Agreement, the City shall record a notice of termination against the Property in the public
records of Seminole County, Florida.
24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, release, and hold harmless the City and its commissioners,
employees and attorneys from and against all claims, losses, damages, personal injuries
including, but not limited to, death), or liability (including reasonable attorney's fees and costs
through all appellate proceedings), directly or indirectly arising from, out of, or caused by
Developer and Developer's contractor's and subcontractor's performance of design, permit and
construction, and maintenance activities in furtherance of constructing the Project and
maintaining the improvements of this Project. This indemnification shall survive the termination
of this Agreement.
25.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to acts of
God, acts of government authority (other than the City's own acts), acts of public enemy or war,
riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court
proceedings beyond the control of such party, or severe adverse weather conditions ("Force
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 6 of 1 I
19
Book 10512 Page 1623
Instrument# 2023088840
Majeure Event"),
then, notwithstanding any provision of this Agreement to the contrary, that
failure shall not constitute a default under this Agreement and any Time Period proscribed
hereunder shall be extended by the amount of time that such party was unable to perform solely
due to the Force Majeure Event. The extended Time Period shall be agreed to in writing by the
parties and said agreement shall not be unreasonably withheld by either party. The City Manager
shall have the authority to grant an extended Time Period. An extension of any Time Period for
reasons of a Force Majeure Event shall be requested solely as provided in this Section.
Developer hereby waives and relinquishes the right to notify the City of the intent to exercise the
tolling and extension of any permit related to the Project, including Time Periods under this
Agreement, development orders, and building permits, available under Section 252.363, Florida
Statutes, as the result of a declaration of a state of emergency issued by the Governor for a
natural emergency.
26. Notice. Whenever either party desires to give notice to the other, notice shall be
sent by hand delivery or certified mail, return receipt requested, and shall be sent to:
For the City:
City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 7 of 11
20
Book 10512 Page 1624
Instrument# 2023088840
For Developer:
AMCO Development, Inc.
1830 Plymouth Sorrento Road
Apopka, Florida 32703
MTH Development, LLC
160 N. Spring Lake Drive
Altamonte Springs, Florida 32714
With additional notice to:
S. Brent Spain, Esquire
Theriaque & Spain
433 N. Magnolia Drive
Tallahassee, Florida 32308
Either party may freely modify their respective contact person and address contained in
this Paragraph by providing written notice of the modification to the other party. Any Notice
given as provided herein shall be deemed received as follows: if delivered by personal service,
on the date so delivered; and if mailed, on the third business day after mailing.
27.0 Assignment. Prior to completing the construction of the Project and reaching
final build -out of the Project, Developer shall not assign this Agreement without the prior written
consent of the City. Such assignment shall require the written approval of the City by
amendment to this Agreement, which shall not require a public hearing and shall not be
unreasonably withheld. However, Developer shall be entitled to assign its rights and obligations
under this Agreement to a parent, subsidiary, or affiliated entity in which Developer or its
members are members or interest holders without City consent, provided that the City is given
notice of such assignment in accordance with Section 26.0 herein. Any assignment authorized
by this subparagraph shall require the assignee to be a formal signatory to this Agreement and
fully assume all of Developer's obligations, commitments, representations, and warranties under
this Agreement. In any assignment, the rights and obligations contained herein shall be binding
on successors in interest to the Property, and the terms and conditions of this Agreement shall
bind and inure to the benefit of the parties hereto and any respective successors and assigns.
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 8 of 11
21
Book 10512 Page 1625
Instrument# 2023088840
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
Kevin Mc ann, Mayor
ATTEST:
B
Christian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL
Date:l
By:
Anthony A. Garganese, City Attorney for
4ithe
City of Winter Springs, Florida INC ''
c. r
PiQ4 .. , . ,\
NoS`
DEVELOPMENT
AGREEMENT
City of
Winter Springs and MTH Development, LLC. Page 9
of I 1
22
Book 10512 Page 1626
Instrument# 2023088840
Signed, sealed and delivered in the
presence of the following witnesses:
gnature of Wit Bess
Gt K i -K k'A k &%
Printed Name of Witness
Signature of Witness
ig
Printed Name of Witness
STATE OF (3 Y' t
MTH DEVELOPMENT, LLC
Print name and title: i
Date: Z
COUNTY OF CC,v- -, _
The foregoing instrument was acknowledged before me by means of O physical
presence or ( online notarization, this 1i day of rtc>-e2023, the
ex of MTH Development, LLC, a limited liability
company, on behalf of the company, who is personally known to me or produced rl",
P e4.e v -,-,,z \: v vas identification. NOTARY
SEAL) Notary
Public Print
Name) Notary
Public, State of 0 ea Commission
No.: PET^R SOVIU Ni
Commission EX Tres; Notary
public tale of Florida y
p 'otr-N HH 393390 i
My Comm. Expires May 2, 2027 DEVELOPER
IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY
EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (
30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS
AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS
REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED
NULL AND VOID. DEVELOPMENT
AGREEMENT City
of Winter Springs and MTH Development, LLC. Page
10 of 11
23
Book 10512 Page 1627
Instrument# 2023088840
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
LOTS 1 AND 2, BLOCK C, TALMO SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
LESS AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF FLORIDA IN OFFICIAL
RECORDS BOOK 356, PAGE 579, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
AND
A Part of Lot 16, Block D of D.R. Mitchell's Survey of the Levy Grant as recorded in Plat
Book 1, Page 5, of the Public Records Seminole County Florida described as follows:
Begin at the intersection of the Westerly line of said Lot 16 and the North Right of WaylineofStateRoadNo. 434, according to the State of Florida Department of Transportation Right
Of way Map Section No. 77580-2610; thence run North 05045'00" East. along said West line
of Lot 16, said line also being the East line of Talmo Subdivision, as recorded in Plat Book 9,
Page 10 of the Public Records of Seminole County, Florida, a distance of 351.23 feet; thence
run South 89002'30" East, a distance of 904.34 feet to the East line of said Lot 16, saidpointalsobeingontheWesterlyboundaryofTract1ofTheHighlandsSectionThreeasrecorded
In Plat Book 17, Pages 48 & 49 of the Public Records of Seminole County, Florida; thencerunSouth05040131"
West, along said East line, a distance of 351.19 feet to theNortherlyRightofWaylineofStateRoadNo. 434; thence run North 89002'30" West along said North
Right of Way line a distance of 904.80 feet to the Point of Beginning.
DEVELOPMENT AGREEMENT
City of Winter Springs and MTH Development, LLC.
Page 11 of I 1
24
From: MTH Development, LLC
160 N. Spring Lake Dr.
Altamonte Springs, FL 32714
To: Terrilyn Rolle, Winter Springs Community Development
1126 East State Road 434
Winter Springs, FL 32708
Re: Extension of NSDA for Legacy at Lake Talmo
Date: 10/24/2025
To Winter Springs City Commissioners:
I am writing to the city commission as the current developer of record for Legacy at Lake
Talmo, seeking an extension of 14 months for the project per sections 22 and 23 of the NSDA
currently in place.
Due to unforeseen circumstances with regard to construction financing, we had to delay
significant vertical construction until new financing was secured. As of 9/8/25, we have
financing in place, and are ready to commence construction once funding has been completed.
Cordially,
______________________
Michael Hilal
Manager - MTH Development, LLC
25
From: MTH Development, LLC
160 N. Spring Lake Dr.
Altamonte Springs, FL 32714
To: Terrilyn Rolle, Winter Springs Community Development
1126 East State Road 434
Winter Springs, FL 32708
Re: Rescinding Authorization for Permit(s) re: Legacy at Lake Talmo
Date: 10/24/2025
Terrilyn,
I am writing to rescind any and all authorization given to AMCO Development or Aaron
Hakim with regard to any permit, development, or any business to do with the Legacy at Lake
Ta lmo Project.
Please advise on any steps necessary to re-activate the site work permit currently in
progress. The preference would be to change contractors and move forward.
Cordially,
______________________
Michael Hilal
Manager - MTH Development, LLC
26
CONSENT AGENDA ITEM 302
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Approval of Purchase for IT Department
SUMMARY
The IT Department is continuing the replacement of budgeted IT equipment and
associated software.
Pursuant to Section 119.0725, Florida Statutes, Agency cybersecurity information
regarding critical infrastructure is confidential and exempt from public records
disclosure. As such, due to the nature of this agenda item the City is required to
adhere to statutory public records confidentiality in order to limit security risks by
divulging specific elements of the proposed purchases.
The existing hardware associated with this purchase has met its lifecycle and
associated software licenses are in need of renewal.
Staff is recommending purchasing these items from a the vendor that provided the
lowest price from the three proposals received. A portion of this recommended
purchase is being procured via state contract OMNIA 2024056-02.
FUNDING SOURCE
These purchases are funded in the FY25-26 budget.
RECOMMENDATION
Staff recommends Commission approve purchase of IT equipment and associated
software for a one time cost of $150,715.81. Additionally approval is recommended for
the purchase of associated licenses for an annual cost of $15,835.80 to be purchased
through Essential Net Services for the duration of their contractual obligation to the
City as the preferred Managed Service Provider.
Due to the confidential nature of this purchase 3 quotes were obtained in lieu of a
publicly advertised Request for Proposal as an RFP would hinder the City's ability to
maintain confidentiality of the specific items of this purchase. Staff is recommending
the Commission approve the method of procurement for this purchase to be three
written quotes obtained by the City.
27
CONSENT AGENDA ITEM 303
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
2026 City of Winter Springs Community Events Calendar
SUMMARY
Staff from the Parks and Recreation Department, Winter Springs Police Department,
and Public Communications Department collaborated to develop the 2026 Community
Events and Programs Calendar. The process included input from both City staff and
external organizations involved in planning and executing the listed events and
programs.
FUNDING SOURCE
The listed events and programs are funded through a combination of budgeted
resources and associated revenues inclusive of participant fees, vendor fees, and
sponsorships.
RECOMMENDATION
Staff is recommending approval of the 2026 Community Events Calendar
28
CITY OF WINTER SPRINGSCITY OF WINTER SPRINGS
2026 CITY EVENTS & PROGRAMS2026 CITY EVENTS & PROGRAMS
48th Central Florida Scottish Highland Games
January 17-18, 8 am - 5 pm
Central Winds Park
Join us for the 48th annual Central Florida Scottish
Highland Games. Enjoy Scottish food, heritage,
dancing, and athletics at Central Winds Park. For
more information visit www.flascot.com
27th Annual Father Daughter Dance
February 6 & 7, 6 pm - 8 pm
Registration opens January 12 at 8 am
Winter Springs Senior Center
Join us for our annual Father-Daughter Dance! Enjoy
a fun-f illed night of dancing, music, a live DJ, a f ree
photo, ref reshments, and prizes!
Arbor Day Tree Giveaway
Online registration begins February 13 at 8 am and
closes March 13, at 5 pm (4 Weeks)
Embrace Arbor Day by planting a tree! Winter Springs
Residents can register online to receive a
complimentary tree delivered to their home just in time
for the Arbor Day celebration. Limit one tree per
household.
Movie In The Park
Friday, March 6 -(Movie begins at sunset)
Torcaso Park
Bring a lawn chair or picnic blanket and enjoy a family
movie in the park.
Egg-citing Egg Hunt
Presented by AdventHeal th
Saturday, March 28, 8 am- 11 am
Central Winds Park
Join us for a spring egg hunt! Children aged 2 to 12
can bring their own baskets, search for eggs, enjoy
local food, and win prizes, including a special surprise
for f inding the golden egg!
Fish Winter Springs (Week 1)
Saturday, May 2, 7 am - 9 am
Central Winds Park
Enjoy a morning of f ishing fun with the family!
Bring your child to experience the leisure of f ishing and
learn how to cast, bait the hook, and the safety of the
outdoors.
WSPD Community Youth Outreach (2 weeks)
June TBD
July TBD
Torcaso Park
The Winter Springs Police Department is hosting the
Community Youth Outreach program with the aim of
building stronger relationships through positive
experiences and interaction with local law enforcement!
Children can learn, laugh, and play with WSPD’s
Community Relations. Lunch and water will be provided.
Food Truck Thursday (May)
Thursday, May 14, 5pm - 8pm
Trotwood Park
Join us at Trotwood Park for an evening f illed with
delicious food f rom local food trucks and vendors.
Bring a blanket or lawnchair for a picnic in the park.
Camp Sunshine (8 Weeks)
June 1 - 26, 2026 (4 weeks)
July 6 - 31, 2026 (4 weeks)
*Note no camp the week of July 4 holidayth
Registration for residents opens March 30 at 8 am and
April 6, at 8 am for non residents at the Winter Springs
Civic Center
Camp Sunshine is a day camp for elementary aged
children. Campers will engage in activities that
encourage teamwork, creativity, and leadership skills.
All fees due upon registration.
Fish Winter Springs (Week 2)
Saturday, May 9, 7 am - 9 am
Central Winds Park
Enjoy a morning of f ishing fun with the family!
Bring your child to experience the leisure of f ishing and
learn how to cast, bait the hook, and the safety of the
outdoors.
29
28th Annual Celebration of Freedom
Saturday, July 4, 5 pm - 9:30 pm
Central Winds Park
Get ready to light up the night this 4th of July at
Central Winds Park! Join us for the 27th annual
Celebration of Freedom, f illed w ith l i ve
entertainment, a f ree kids’ area, fantastic vendors, and
a breathtaking f ireworks f inale! Don’t forget to wear
your red, white, and blue.
9/11 Memorial Ceremony
Friday, September 11, 8:30 am – 9am
Winter Springs Police Department
Please join the City of Winter Springs Mayor,
Commission, and staff for the 25-year remembrance
of September 11 events.
Food Truck Thursday (September)
Thursday, September 17, 5pm - 8pm
Trotwood Park
Join us at Trotwood Park for an evening f illed with delicious
food f rom local food trucks and vendors. Bring a blanket or
lawn chair for a picnic in the park.
WSPD National Night Out 2026
Tuesday, October 6, 5:00 pm - 8:00 pm
Winter Springs Police Department
Join us for National Night Out with the WSPD!
Come see specialty vehicles and meet local off icers.
This event fosters partnerships between the police
and community, enhancing relationships and
promoting a sense of unity.
WSPD Ghoulishly Good Times
Friday, October 16 (Movie begins at sunset)
Torcaso Park
Winter Springs Police Department is providing treats
and popcorn for everyone to enjoy during a family-
safe movie. Bring a lawn chair or blanket to enjoy a
family movie in the park.
20th Annual Hometown Harvest
Saturday, October 24, 4:30 pm - 8:30 pm
Central Winds Park
Get ready to celebrate the beauty of autumn at our
20th annual fall festival, Hometown Harvest! Join us for
a day of family fun with FREE hayrides, live music, and
plenty of activities for the kids. It’s going to be an
awesome event that you won’t want to miss!
44th Annual Winter Wonderland
Presented by AdventHealth
Saturday, December 5, 4 pm - 8 pm
Drive Thru December 6-11
It’s time for joy and celebration! Come and enjoy the
holiday festivities at Winter Wonderland this season.
Experience an evening with one of the longest-running
traditions in our city: the 44th annual Holiday Parade
featuring local talent and businesses, and the annual
Christmas tree lighting. Enjoy local entertainment and a
visit f rom Santa Claus!
WSPD Santa’s City Run
TBD
Santa is coming to town! Every year, Santa visits
Winter Springs f and is escorted each night around
the city by the Winter Springs Police Department to
spread candy and joy to the children and families who
come outside to wave to him. On the big night, be
sure to listen for police sirens!
Veterans Day Tribute
Wednesday, November 11, 6pm - 7pm
Veterans Memorial at Town Center
Join the City of Winter Springs as we honor our
nation’s heroes. This event offers a time to honor our
2026 Hometown Hero and remember veterans and
those who have made the ultimate sacrif ice for our
f reedom.
Veterans Banner Program
Applications open September 28, 2026 and close
October 30, 2026
The Winter Springs Veterans Banner Program honors
local veterans by displaying commemorative banners
along designated city streets on right of way
streetlights poles. This annual initiative recognizes the
service and sacrif ice of Winter Springs residents who
have served in the U.S. Armed Forces. Banners are
displayed each year f rom early January through early
June and may be renewed each year for an additional
fee.
*Please be aware that event dates, times, and locations are tentative and may be
subject to change
30
CONSENT AGENDA ITEM 304
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Police Station Safe Room Grant Funding Modification for Extension
SUMMARY
On November 18, 2024 the City Commission approved the Funding Agreement from
the Hazard Mitigation Grant Program (HMGP) for a safe room at the Police
Department. The City has subsequently received formal approval of a time extension
to 10/31/2026 in order to continue moving forward with this project. The project
budget remains the same as the original grant agreement for $619,545 to encompass
engineering design, permitting, and peer review services.
FUNDING SOURCE
These initial expenditures are budgeted in the 303 Facilities Capital Projects Fund for
FY2026.
RECOMMENDATION
Staff requests Commission approval of the awarded extension modification of the
grant funding for the proposed safe room.
31
SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
FISCAL OPERATIONS UNIT
HMGP
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: City of Winter Springs
PROJECT #: 4673-063-R
PROJECT TITLE: City of Winter Springs, Police Station, Safe Room
HMGP CONTRACT #: H1105
SM CONTRACT #: (if applicable)
MODIFICATION #: One
SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT)
Kevin Sweet
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
Enclosed is your copy of the proposed contract(s)/modification(s) between City of Winter
Springs and the Florida Division of Emergency Management (FDEM).
COMPLETE
☒ This form is required to be included with all Reviews, Approvals, and Submittals
☒ Reviewed and Approved
☒ Signed & Dated Electronic Copy of HMGP Contract by Official Representative
☐ Signed & Dated Electronic Copy of SM Contract by Official Representative (if applicable)
☒ Copy of the organization’s resolution or charter that specifically identifies the person
or position that is authorized to sign, if not Chairman, Mayor, or Chief
☐ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) -
completed, signed, and dated
☒ N/A for Modifications or State Funded Agreements
☐ Attachment K – Certification Regarding Lobbying - completed, signed, and dated
☒ N/A for Modifications or State Funded Agreements
☒ Attachment L – FACTS - completed, signed, and dated
☐ N/A for Modifications or State Funded Agreements
☐ Attachment M – Foreign County of Concern Affidavit completed, signed, and dated
☒ N/A for Modifications or State Funded Agreements
☒ Electronic Submittal to the Grant Specialist
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 290-2511 or email me at Nicole.Rowe@em.myflorida.com.
32
Contract Number: H1105
Project Number: 4673-063-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF WINTER SPRINGS
________________________________
This Modification Number One made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division”), and City of Winter Springs ("the Sub-Recipient") to
modify Contract Number H1105, dated, February 21, 2025 ("the Agreement").
WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to the Sub-Recipient under the Hazard Mitigation Grant
Program of $482,102.25, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on October 31, 2025; and
WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms of the
Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. The Agreement is hereby reinstated and extended as though it had never expired.
2. Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin August 02, 2023 and shall end October 31, 2026, unless
terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth
in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and
incorporated herein by reference.
4. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective on the
date of execution of this Modification by both parties.
5. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31.
7. Attachment L - Florida Accountability Contract Tracking System (FACTS) Requirements for Non-
profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is
hereby incorporated into the Agreement and is required to be completed by the subrecipient and
returned the Division.
33
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB-RECIPIENT: _____CITY OF WINTER SPRINGS________
By:
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
34
Attachment A
(1st Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide a FEMA P-361 Standards safe room at the existing
police station in Winter Springs, Seminole County, Florida, funded through the Hazard Mitigation Grant
Program (HMGP) DR-4673-063-R, as approved by the Florida Division of Emergency Management
(Division) and the Federal Emergency Management Agency (FEMA).
The Sub-Recipient, City of Winter Springs, shall conduct Phase I – Design of this project, which includes
the engineering designs and calculations, surveys, permitting, and notices. No construction activities
are approved at this time. The Sub-Recipient shall complete the Phase I work in accordance with all
applicable federal, state and local laws, regulations and codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to provide a safe room for
absolute protection to first responders at the existing police station located at 300 North Moss Road,
Winter Springs, Florida 32708.
The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans
preparation, permitting and bidding for the proposed project, for Phase II approval.
The design proposed for Phase II scope shall include constructing a new stand-alone safe room adjacent
to the existing building, but structurally separated, to serve as an Emergency Operations Center (EOC).
The proposed safe room shall provide 2,200 square feet (SF) to attend an occupancy of 55 police
officers/first responders. Additionally, the project also includes the installation of a permanent diesel
generator. The generator shall have a capacity of 200 kW, or the adequate size determined by the
vendor and/or an electrical engineer during the bid process to appropriate support the facility; and an
Automatic Transfer Switch (ATS), fuel tank and appurtenances. The City of Winter Springs currently
lacks a secure and resilient space for city personnel and first responders to monitor conditions and
coordinate responses during a hurricane or severe weather event involving high winds, risking their lives
to remain on duty inside structures that have not been properly hardened. The project shall allow first
responders to remain on duty during and after a storm to continue coordinating operations to help the
community.
The safe room shall be designed and constructed to provide protection against 160 MPH winds. The
safe room construction shall be designed to provide “near-absolute protection” based on the criteria
contained in the standards of the Department of Homeland Security, Federal Emergency Management
Agency guidance manual FEMA P-361 Design and Construction for Community Safe Room which refers
to applicable ICC 500 and ASCE 7 standards. Construction documents for community safe rooms
designed for more than 50 occupants, as well as for safe rooms in an elementary school, secondary
school, day care facility with an occupant load greater than 16, or any Risk Category IV building, are
required to undergo peer review. Allowable costs for saferooms apply to retrofits of existing facilities,
new construction, and single or dual-use facilities. Only eligible expenditures that are directly related to
and necessary for the hazard mitigation purpose of providing immediate life-safety protection shall be
reimbursed. Eligible and ineligible costs are outlined in the latest edition of the HMA Guidance
Addendum. Activities shall be completed in strict compliance with Federal, State and Local applicable
Rules and Regulations.
The generator and electrical components shall be protected against a 500-year (0.2% annual chance)
flood event, in accordance with 44 CFR 9.11, by implementing specific activities or by locating the
generator outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood
Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure and
appropriate anchoring based on its location requirements per ASCE 7 standards. The selected site shall
provide sufficient space to maintain and fuel the generator and shall comply with the National Electrical
35
Code working clearance requirements. Activities shall be completed in strict compliance with Federal,
State and Local applicable Rules and Regulations.
Project Locations:
ID# Location Coordinates
1) 300 North Moss Road, Winter Springs, Florida 32708 (28.703977, -81.304862)
TASKS & DELIVERABLES:
A) Tasks:
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and
execute a contract with the selected bidder to complete the scope of work as approved by the Division
and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance
with the Sub-Recipient’s procurement policy as well as all Federal and State Laws and Regulations.
All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite
for the duration of the work. The contractor shall maintain all work staging areas in a neat and
presentable condition.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing engineering designs to be presented to the
Division by the Sub-Recipient and subsequently approved by the Division and FEMA.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed “Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form” for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Sub-Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by the selected contractor.
2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with
the Hazard Mitigation Grant Program application and supporting documentation as submitted to the
Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render
a Phase II determination upon completion of the review of Phase I deliverables. No construction
activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local
and federal laws and regulations are followed and documented, as appropriate.
Phase I consists of fees; for conducting survey, study, engineering, design, public notices, and/or
permitting associated with the design of a FEMA P-361 Standards structure. Verification shall be
necessary for determining project eligibility.
All Phase I work shall be completed in accordance with all applicable state, local and federal laws
and regulations and documented, as appropriate.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient
36
supporting documentation and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
c) Signed and sealed Operations and Maintenance (O&M) Plan, which shall incorporate FEMA P-
361, include required components, and submitted for review.
d) Any structural and non-structural design peer review reports as required by FEMA P-361 (as
applicable).
e) Construction Plans and bid documents for FEMA 361 compliance.
f) Revised cost estimate for Phase II – construction (include Phase I costs), to implement the
design project.
g) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection
requirements on all products to be utilized.
h) Color maps including topographical, aerial, and ground disturbance.
i) General description of the type of construction equipment that may be used during the proposed
project’s implementation and what activities it will facilitate.
j) Color photographs of the project area.
k) Letter from the Floodplain manager verifying the project is in compliance with local floodplain
ordinances/regulations.
l) Proof of compliance with Project Conditions and Requirements contained herein.
m) Any other documentation requested by the Division, not limited to Project Conditions and
Requirements herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient’s project personnel with
each reimbursement request attesting to the completion of the work, that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and
invoices, payrolls, time and attendance records, contract and subcontract award documents.
The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by subcontractors and
pay subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all
subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being
performed and associated costs.
Sub-Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104-11-1
HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs
as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with
a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and
administering the federal award to ensure that federal, state requirements are met including:
solicitation, development, review, and processing of sub-applications; delivery of technical
assistance; quarterly progress and fiscal reporting; project monitoring; technical monitoring;
37
compliance activities associated with federal procurement requirements; documentation of quality of
work verification for quarterly reports and closeout; payment of claims; closeout review and
liquidation; and records retention.
Any activities that are directly related to a project are not eligible under management costs. For
example, architectural, engineering, and design services are project costs and cannot be included
under management costs. Similarly, construction management activities that manage, coordinate,
and supervise the construction process from project scoping to project completion are project costs.
These activities cannot be included under management costs.
Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be
obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless
contractual agreements require additional funding. FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations
will be handled by the size of the total subaward.
The Sub-Recipient shall pre-audit all SRMC source documentation – personnel, fringe benefits,
travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify
what the funds will be used for. Documentation shall be detailed and clearly describe each approved
task performed, hours devoted to each task, and the hourly rate charged including enough
information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall
be clearly shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be
invoiced separate from all other project costs.
Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere
to FEMA Policy #104-11-1 for SRMC): The Sub-Recipient shall pre-audit source documentation
such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed
information describing tasks performed, hours devoted to each task, and the hourly rate charged for
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third-party in-kind services, if applicable, shall be conducted by the
Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-
Recipient and received by the Division at the times provided in this agreement prior to the processing
of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs
related to the project as identified in the project application and this scope of work. The Requests
for Reimbursement (RFR) shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Sub-Recipient’s Request for Reimbursement shall include the final Phase I project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables:
Mitigation Activities consist of Phase I activities, which include engineering, designing, plans
preparation, permitting and bidding for the proposed project, for Phase II approval, to implement
38
protection measures by constructing a new stand-alone safe room in accordance with FEMA P-361
standards and installing a permanent diesel generator on North Moss Road, Winter Springs, Florida
32708.
The safe room shall be designed and constructed to provide protection against 160 MPH winds. The
safe room construction shall be designed to provide “near-absolute protection” based on the criteria
contained in the standards of the Department of Homeland Security, Federal Emergency
Management Agency guidance manual FEMA P-361 Design and Construction for Community Safe
Room which refers to applicable ICC 500 and ASCE 7 standards. Construction documents for
community safe rooms designed for more than 50 occupants, as well as for safe rooms in an
elementary school, secondary school, day care facility with an occupant load greater than 16, or any
Risk Category IV building, are required to undergo peer review. Allowable costs for saferooms apply
to retrofits of existing facilities, new construction, and single or dual-use facilities. Only eligible
expenditures that are directly related to and necessary for the hazard mitigation purpose of providing
immediate life-safety protection shall be reimbursed. Eligible and ineligible costs are outlined in the
latest edition of the HMA Guidance Addendum. Activities shall be completed in strict compliance
with Federal, State and Local applicable Rules and Regulations.
The generator and electrical components shall be protected against a 500-year (0.2% annual
chance) flood event, in accordance with 44 CFR 9.11, by implementing specific activities or by
locating the generator outside the Special Flood Hazard Area (SFHA), comply with applicable
National Flood Insurance Program (NFIP) requirements and shall be protected against wind with a
rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards.
The selected site shall provide sufficient space to maintain and fuel the generator and shall comply
with the National Electrical Code working clearance requirements. Activities shall be completed in
strict compliance with Federal, State and Local applicable Rules and Regulations.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall
project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the
project. Wind protection shall be provided on any opening such as vents, louvers, and exhaust fans.
All installation shall be in strict compliance with the FEMA P-361 specifications, and all proposed
materials shall be certified to meet wind and impact standards.
2) Design documents shall provide a detailed description that includes specifics on project scope of
work, depth and extent of ground disturbance at all construction locations of the project.
3) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction Materials and
Labor.
4) This project shall be designed by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design
and Construction for Community Safe Room, to provide “near absolute protection”. It is further
understood and agreed by the Division and the Sub-Recipient that the level of wind protection
provided by the mitigation ensures the safety or survival of building occupants.
D) Environmental:
1) Any conditions for compliance shall be included in the final design plans, narrative and project
implementation actions.
2) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate federal, state, and local environmental permits and
clearances may jeopardize federal funding.
39
3) Any change, addition or supplement to the approved mitigation measure or scope of work that alters
the project (including other work not funded by FEMA, but done substantially at the same time) shall
require resubmission to the Division and FEMA for re-evaluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act
(NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize
FEMA’s ability to fund this project. A change in the scope of work shall be approved by the Division
and FEMA in advance regardless of the budget implications.
4) The following Environmental and Historic Preservation review documentation shall be provided:
a) Color maps including topographical and aerial with the project location clearly marked.
b) Color ground disturbance maps showing the full extent of the project footprint and depth of
ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed
construction areas and staging areas.
c) Color photographs of any area with ground disturbance (electronic).
d) General description of the type of construction equipment that may be used during the proposed
project’s implementation and what activities it will facilitate.
5) Phase I of this project is approved with the condition that the above list of deliverables shall be
submitted for review and approval by the Division and FEMA before Phase II is considered.
6) No construction work may begin until Phase II is approved by the Division and FEMA.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance regardless
of the budget implications.
2) The Sub-Recipient must notify the Division as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower costs or earlier completion.
3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in
a need for additional funds” [44 CFR 13(c)], from the Division and FEMA.
4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall
be published in a manner that anyone that may be affected or interested in this project has access
to the posting, using the Division template, as applicable.
5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the
expiration date. Therefore, any request for a Period of Performance Extension shall be in writing
and submitted, along with substantiation of new expiration date and a new schedule of work, to the
Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) Phase I – Design of this project is approved with the condition that the enclosed list of deliverables
shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA before Phase II – Construction is considered.
8) When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations,
a full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed
technical data and study results will take place. The data inputs to the final BCA for Phase II
approval, must be based on the inputs and outputs of a hazard related study such as erosion,
Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical
damage will be acceptable for final BCA of Phase II approval. No construction activities for this
project have been approved.
9) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
206.191.
40
10) This project shall be designed by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design
and Construction for Community Safe Room, to provide “near absolute protection”. It is further
understood and agreed by the Division and the Sub-Recipient that the level of wind protection
provided by the mitigation ensures the safety or survival of building occupants.
11) Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 – Contingency funds are not
automatically available for use. Prior to their release, contingency funds must be re-budgeted to
another direct cost category and identified. Post-award changes to the budget require prior written
approval from the Division (FDEM). The written request should demonstrate what unforeseen
condition related to the project arose that required the use of contingency funds.
12) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery
Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant
Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under
HMGP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner.
a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard
Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable,
allocable and necessary to the overall project.
b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses
associated with this specific project and shall have adequate documentation.
c) SRMC cannot exceed 5% of the total project costs awarded.
d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each
individual Request for Reimbursement (RFR) submitted with the required documentation.
e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis.
f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
This is FEMA project number 4673-063-R. It is funded under HMGP, FEMA-4673-DR-FL and must
adhere to all program guidelines established for the HMGP in accordance with the PAS Operational
Agreement for Disaster 4673.
FEMA awarded this project on July 16, 2024; this Agreement was executed on February 21, 2025, and the
Period of Performance for this project shall end on October 31, 2026.
F) FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient’s program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
41
SCHEDULE OF WORK
Phase I –
State Contracting: 8 Months
Bidding / Local Procurement: 6 Months
Design Specifications: 7 Months
Permitting / Survey: 4 Months
Deliverables Submitted to FDEM: 2 Months
Total Period of Performance: 27 Months
BUDGET
Line Item Budget*
Project Cost Federal Cost Non-Federal Cost
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00
Fees: $601,500.00 $451,125.00 $150,375.00
Initial Agreement Amount: $601,500.00 $451,125.00 $150,375.00
***Contingency Funds: $18,045.00 $13,533.75 $4,511.25
Project Total: $619,545.00 $464,658.75 $154,886.25
****SRMC
SRMC: $5,977.25 $5,977.25
SRMC-Pre-Award: $25,000.00 $25,000.00
SRMC Total: $30,977.25 $30,977.25
*Any line-item amount in this Budget may be increased or decreased 10% or less, with the Division’s approval,
without an amendment to this Agreement being required, so long as the overall amount of the funds obligated
under this Agreement is not increased.
*** This project has an estimated $18,045.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, D.3.4 – Contingency funds are not automatically available for use. Prior to their
release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award
changes to the budget require prior written approval from the Division (FDEM). The written request should
demonstrate what unforeseen condition related to the project arose that required the use of contingency
funds.
42
Project Management costs are included for this project in the amount of $0.00.
**** Sub-Recipient Management Costs (SRMC) are included for this project in the amount of
$30,977.25 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-
1, SRMC provides HMGP funding to Sub-Recipients to efficiently manage the grant and complete activities
in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable,
allowable, allocable and necessary to the overall project.
SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for
each Request for Reimbursement (RFR) submitted with the required documentation.
If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
This project has a SRMC Pre-Award, approved by FEMA in the amount of $25,000.00, with a start date
of August 2, 2023.
Funding Summary Totals
Federal Share: $464,658.75 (75.00%)
Non-Federal Share: $154,886.25 (25.00%)
Total Project Cost: $619,545.00 (100.00%)
SRMC (100% Federal) $30,977.25
43
Attachment L
Florida Accountability Contract Tracking System (FACTS)
Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes
Instructions and Worksheet
PURPOSE: Section 215.985, Florida Statutes (F.S.), amended in 2023, requires that each contract
for which a state entity makes a payment pursuant to a contract executed, amended, or extended on
or after July 1, 2023, the Division shall post any documents submitted pursuant to s. 216.1366, F.S.,
which indicates the use of state funds as remuneration under the contract or a specified payment
associated with the contract on the contract tracking system.
CONTRACT DOCUMENTATION REQUIREMENTS
Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any
contract for services executed, amended, or extended on or after July 1, 2023, with non-profit
organizations as defined in s. 215.97 (2)(m). F.S. The contract must require the contractor to provide
documentation that indicates the amount of state funds:
x Allocated to be used during the full term of the contract for remuneration to any member of
the board of directors or an officer of the contractor.
x Allocated under each payment by the public agency to be used for remuneration of any
member of the board of directors or an officer of the contractor. The documentation must
indicate the amounts and recipients of the remuneration.
Such information must be included in the contract tracking system maintained pursuant to s. 215.985
F.S. and must be posted on the contractor’s website if the contractor maintains a website.
• As used in this subsection, the term:
o “Officer” means a Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operating
Officer (COO), or any other position performing an equivalent function.
o “Remuneration” means all compensation earned by or awarded to personnel, whether paid or
accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments,
incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or
allowances for moving expenses, vehicles and other transportation, telephone services, medical
services, housing, and meals.
o “State funds” means funds paid from the General Revenue Fund or any state trust fund, funds
allocated by the Federal Government and distributed by the state, or funds appropriated by the state
for distribution through any grant program. The term does not include funds used for the state
Medicaid program.
Note: This “Instructions and Worksheet” is meant to explain the requirements of the Section
216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and
sub-recipients for completion. All pertinent information below should be filled out, signed, and
returned to the project manager.
NON-PROFIT ORGANIZATION REMUNERATION INFORMATION
1. Is your business or organization a non-profit organization as defined in s. 215.97 (2)(m). F.S.?
Yes No
If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is
“No”, move to the signature block below to complete the certification and submittal process.
2. Will state funds be used as remuneration to any member of the board of directors or an officer in
your business or organization?
Yes No
If the answer to Question 2 is “Yes,” provide the information required in the “Total
Compensation Paid to Non-Profit Personnel Using State Funds” form below. A separate form
should be completed for each member of the board of directors or officer being compensated
44
using state funds. If the answer to Question 2 is “No”, move to the signature block below to
complete the certification and submittal process.
Total Compensation Paid to Non-Profit Personnel Using State Funds
Name:
Title:
Agency Agreement/Contract #
Total Contract Amount
Contract Term:
Line Item Budget Category Total Amount Paid Amount Paid from State Funds
Salaries
Fringe Benefits
Bonuses
Accrued Paid Time Off
Severance Payments
Retirement Contributions
In-Kind Payments
Incentive Payments
Reimbursements/Allowances
Moving Expenses
Transportation Costs
Telephone Services
Medical Services Costs
Housing Costs
Meals
CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the
approved budget.
Name:
Signature:
Title:
Date:
45
CONSENT AGENDA ITEM 305
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Approval of the Minutes: Monday, October 27, 2025 City Commission Regular Meeting
SUMMARY
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission review and approve the minutes from the October
27, 2025 City Commission Meeting as presented.
46
MONDAY, OCTOBER 27, 2025 AT 6:30 PM
CITY HALL – COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING MINUTES
47
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 27, 2025 | PAGE 2 OF 6
CALL TO ORDER
Mayor Kevin McCann called the Regular Meeting of Monday, October 27, 2025 of the City
Commission to order at 6:31 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 provided the invocation which was followed by the Pledge of Allegiance.
Mayor McCann asked if there were any agenda changes. No changes were noted and the agenda was
adopted.
AWARDS AND PRESENTATIONS
100) Not Used
INFORMATIONAL AGENDA
200) Not Used
PUBLIC INPUT
Mayor McCann opened Public Input.
Art Gallo, Winter Springs spoke in favor of regular agenda items 500 and 501. He recommended the
Park Impact Fee Fund item for Trotwood be renamed "Trotwood Lacrosse and Soccer Rebound Wall"
to make it clear it could be used for both sports. Mr. Gallo expressed strong opposition to the Seminole
County Legislative Delegation's 4-1 vote supporting a local bill to force changes to Winter Springs'
charter and shared his concerns about the process, state overreach, and thanked Representative
David Smith for voting no on the proposed bill.
Gina Shafer, Winter Springs thanked Mayor McCann, Commissioner Baker, and Commissioner
Caruso for speaking on behalf of the city at the recent legislative delegation meeting, shared
frustrations with unanswered calls and efforts to contact Representative Rachel Plakon. Ms. Shafer
also raised concerns about flood insurance needs in her community due to inaction on Wetlands
Park and questioned why commissioners use phones during meetings without disclosure.
Mayor McCann closed Public Input.
CONSENT AGENDA
300) Approval of the Minutes: Monday, October 13, 2025 City Commission Regular Meeting
No discussion.
MOTION TO APPROVE THE CONSENT AGENDA. MOTION BY DEPUTY MAYOR RESNICK. SECOND
BY COMMISSIONER BAKER.
48
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 27, 2025 | PAGE 3 OF 6
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0
PUBLIC HEARINGS AGENDA
400) Not Used
REGULAR AGENDA
500) 2026 Capital Budget Items
Commissioner Bruce initiated discussion on several capital budget items she had previously brought
up and thanked City Manager Sweet for a memorandum provided to the Commission on October 27th
which provided staff’s justification for the proposed budget items. Commissioner Bruce asked that a
similar memo be provided each year. Commissioner Bruce then addressed the proposed Trotwood
lacrosse wall, questioning the $100,000 expense relative to the projected fund balance, noted never
having heard a desire for this project unlike field lighting in Central Winds Park, and further discussed
what she saw as wants versus needs.
Following further questions from the Commission, Mr. Brian Dunigan, Director, Administrative
Services and Operations Department, noted that park impact fees derived from residential
developments, including both single-family and multi-family units. He explained that the initiative
originated in 2011, initially proposed by a Parks and Recreation Advisory Council member, and received
unanimous committee endorsement in November 2024. Further discussion followed on the allowable
use of parks impact fees with Mr. Dunigan emphasizing that such funds were to be utilized for the
expansion of facilities rather than maintenance purposes. Bried discussion followed on previous
pricing for field lighting and the need for the correct lighting to support the events which occur on
the fields.
MOTION BY COMMISSIONER BRUCE TO PAUSE THE EXPENDITURE OF $100,000 FOR THE
LACROSSE WALL AT TROTWOOD TO BE REVIEWED AGAIN NEXT (FISCAL) YEAR. SECOND BY
COMMISSIONER CARUSO. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (NAY); RESNICK (AYE)
MOTION CARRIED: 4-1
Commissioner Bruce then discussed Arbor Fund expenditures. City Manager Sweet clarified the tree
giveaway budget was reduced to $49,000 for FY 2026 from the historical $83,000-84,000. Mr. Dunigan
detailed planned landscape renovations along SR 434 from SR 417 west to Tuskawilla Road estimated
at $300,000. He mentioned that while FDOT contributes $100,000 annually for maintenance of the
corridor, beautification expenses remained the city’s responsibility. Further discussions encompassed
City Hall landscaping renovations (estimated at $100,000) and a Tuskawilla Crossings project
replacing live oak trees with Little Gem Magnolias in a two-phase process totaling $500,000 over two
years. Brief discussion followed on the city’s obligation to replace these trees and the expected survival
rate of transplanted oaks.
501) Consideration of Creating a Charter Review Committee
The Commission discussed the action taken by the Seminole County Legislative Delegation endorsing
a local bill to require a charter amendment referendum related to the composition of the City
Commission and role of the mayor. Deputy Mayor Resnick noted conversations with Representative
Rachel Plakon and Senator Jason Brodeur and proposed that the Commission place a referendum
that would eliminate the separate mayor position, maintain five commissioners elected by district,
and allow the selection of mayor and deputy mayor annually by peer choice. Deputy Mayor Resnick
suggested that the proposed effective date be in 2030 and noted that the local bill would likely be
withdrawn if the city pursued these changes.
49
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 27, 2025 | PAGE 4 OF 6
Discussion followed regarding concerns about losing influence to build relationships and go after
appropriations with a rotating mayor, a proposal for single-member districts for elections while
commissioners would continue to represent the city at-large, concerns about increased division, and
how the current charter had served the city.
Attorney Garganese noted that the conversation related to a city-initiated referendum was off-topic
to the posted agenda item and suggested that any action related to this take place under New
Business. He noted that the posted agenda item was regarding the consideration of creating a charter
review committee.
Discussion followed on the need for a charter review committee given it had been 15 years since the
last review, the process of establishing a committee, associated guidelines, and timelines.
The commission ultimately agreed to proceed on two tracks: immediate action on a referendum for
the 2026 ballot addressing the mayor issue to be further discussed under New Business and directing
the City Attorney and staff to bring forth a proposed resolution establishing a charter review
committee for comprehensive review targeting the 2028 election.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0
502) New Business
MOTION BY COMMISSIONER DIAZ TO SUSPEND THE RULES TO ALLOW VOTING DURING NEW
BUSINESS. SECOND BY DEPUTY MAYOR RESNICK. DISCUSSION.
VOTE: BAKER (AYE); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 5-0
MOTION TO AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR A REFERENDUM
ON THE 2026 BALLOT THAT WOULD: REMOVE THE INDIVIDUALLY ELECTED POSITION OF MAYOR
EFFECTIVE 2030, MAINTAIN FIVE CITY COMMISSIONERS IN THEIR DISTRICTS, HAVE
COMMISSIONERS CHOOSE A MAYOR AND DEPUTY MAYOR ANNUALLY BY PEER CHOICE, AND
MOVE TO SINGLE-MEMBER DISTRICT ELECTIONS WITH COMMISSIONERS SERVING AT LARGE.
MOTION BY DEPUTY MAYOR RESNICK. SECOND BY COMMISSIONER CARUSO. DISCUSSION
Mayor McCann opened Public Input related to this motion.
Art Gallo, Winter Springs, shared concerns about bowing to pressure from the Legislature and
suggested that any proposed referendum be made unappealing to ensure defeat. Mr. Gallo shared
frustration with the attack on home rule and noted he was in favor of maintaining the city's existing
governmental structure.
Maurice Kaprow, Winter Springs, noted his support for the current governance structure of Winter
Springs and agreed with making any proposed referendum language unappealing, potentially
including the addition of partisan municipal elections.
Gina Shafer, Winter Springs, voiced her support for putting something on the ballot, was supportive
of single-member districts, and also mentioned the idea of including party affiliations.
Aaron Ash, Winter Springs, warned against further dividing the community and emphasized the
importance of unity.
50
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 27, 2025 | PAGE 5 OF 6
Linda Freeburn, Winter Springs, criticized the expedited process being considered to restructure the
city’s government.
Joan Jansen, Winter Springs, urged residents to engage in the process by emailing state
representatives to express opposition to the proposed local bill and echoed the sentiment of making
any forced referendum unappealing to discourage its passage.
Mayor McCann closed Public Input related to this motion.
VOTE: BAKER (NAY); BRUCE (AYE); CARUSO (AYE); DIAZ (AYE); RESNICK (AYE)
MOTION CARRIED: 4-1
REPORTS
600. City Manager Kevin A. Sweet
No report.
601. City Attorney Anthony A. Garganese
No report.
602. City Clerk Christian Gowan
No report.
603. Commissioner Mark Caruso
Commissioner Caruso reported on the successful Hometown Harvest event and also mentioned that
his daughter recently attended the homecoming dance.
604. Mayor Kevin McCann
Mayor McCann noted it had been a busy two weeks since the last meeting and expressed pride in the
community, noting Winter Springs' top 10 ranking for low crime and excellent schools.
605. Seat One Commissioner Paul Diaz
Commissioner Diaz explained his absence from Hometown Harvest due to attending the Running for
Heroes gala supporting fallen first responders. He praised Zachariah Cartledge for starting the
organization in Winter Springs and encouraged continued community support.
606. Seat Two Commissioner Victoria Bruce
Commissioner Bruce asked the community to remember three Seminole County students who lost
their lives this month and urged everyone to be kind to each other. Commissioner Bruce further noted
that she planned to attend one funeral the following day.
607. Seat Three Commissioner Sarah Baker
No report.
608. Seat Four Commissioner/Deputy Mayor Cade Resnick
Deputy Mayor Resnick echoed condolences for the students' families, praised the Hometown Harvest
event and staff efforts, reminded about Halloween approaching, discussed email training insights
from the Florida League of Cities conference, warned about home rule erosion statewide. Deputy
Mayor Resnick also noted the upcoming Chamber Music Festival, and noted the December 6 holiday
parade.
51
CITY COMMISSION MINUTES | REGULAR MEETING | MONDAY, OCTOBER 27, 2025 | PAGE 6 OF 6
PUBLIC INPUT
Mayor McCann opened Public Input.
Linda Freeburn, Winter Springs, asked why the city was obligated to replace trees in Tuskawilla
Crossings and noted that she was supportive of native plants in the medians. Ms. Freeburn reiterated
that she felt the charter amendment discussion and decision felt rushed.
Art Gallo, Winter Springs, expressed skepticism that Representative Plakon would withdraw her bill,
further discussed the importance of home rule, and questioned if the Seminole County Legislative
Delegation had handled the issue correct procedurally .
Gina Shafer, Winter Springs, suggested appointing former Districting Commission members to the
charter review committee. She further discussed tree problems in Winter Springs Village where
scheduled oak removals were cancelled six years prior and associated sidewalk damage. Finally, Ms.
Shafer emphasized park impact fees and the need to continue enhancing city parks.
Mayor McCann closed Public Input.
ADJOURNMENT
Mayor McCann adjourned the meeting at 8:53 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
CHRISTIAN D. GOWAN, MPA, CMC
CITY CLERK
APPROVED:
_____________________________________
MAYOR KEVIN McCANN
NOTE: These Minutes were approved at the November 10, 2025 City Commission Regular Meeting.
52
PUBLIC HEARINGS AGENDA ITEM 400
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
First Reading of Ordinance 2025-15: Providing for a Referendum and Ballot Language
for the November 3, 2026 General Election Proposing Amendments to the City
Charter.
SUMMARY
At the October 27, 2025 City Commission Meeting, the Commission directed the City
Attorney to draft an ordinance by a vote of 4-1 with proposed Charter Amendment
ballot language. This proposed referendum would be considered for inclusion on the
November 3, 2026 ballot. Specifically, the City Commission requested that the Charter
Amendment propose the elimination of the individually elected Mayor position after
the 2030 general election, provide for the annual selection of the Mayor and Deputy
Mayor by the City Commission, and establish five single-member City Commission
districts.
Ordinance 2025-15 is being brought forward for discussion with the changes noted.
FUNDING SOURCE
N/A
While there are costs associated with inclusion of a referendum, staff is not able to
fully detail those costs at this time.
RECOMMENDATION
Staff recommends the Commission hold a public hearing for first reading of Ordinance
2025-15 and provide further direction.
53
City of Winter Springs
Ordinance No. 2025-15
1
ORDINANCE NO. 2025-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY, FLORIDA; PROVIDING FOR A
REFERENDUM AND BALLOT LANGUAGE FOR THE NOVEMBER 3, 2026
GENERAL ELECTION OR AN ELECTION SCHEDULED THEREAFTER;
PROPOSING AMENDMENTS TO THE CITY CHARTER TO ELIMINATE
THE ELECTED OFFICE OF MAYOR EFFECTIVE AFTER THE 2030
GENERAL ELECTION; PROVIDING FOR THE ANNUAL SELECTION OF A
MAYOR AND DEPUTY MAYOR BY THE CITY COMMISSION;
ESTABLISHING FIVE SINGLE-MEMBER CITY COMMISSION DISTRICTS
ELECTED ONLY BY VOTERS RESIDING IN EACH DISTRICT; PROVIDING
FOR CONFORMING AMENDMENTS AND TRANSITIONAL PROVISIONS;
PROVIDING FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER
REFERENDUM QUESTION; PROVIDING FOR COORDINATION WITH
THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City is governed by a municipal charter and is granted the authority, under '
2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Commission finds that the proposed referendum ballot question should be
submitted to the City electorate for its consideration and final approval or disapproval; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings of the City Commission of Winter Springs.
SECTION 2. Referendum Election. A referendum election is hereby called and scheduled to be
held on the 3rd day of November, 2026, or such other date as may be authorized by law, to determine
whether the ballot question appearing in Section 3 hereof shall be approved by a majority of the votes
cast in such election in which qualified electors residing in the City shall participate. Each question
appearing on the ballot with the referendum question, if any, shall be voted on separately and approved
or disapproved based on its own merit. Such referendum election shall be held and conducted in the
manner prescribed by law. The places for voting in such referendum election shall be such locations
as shall otherwise be established for the general election on November 3, 2026 or such other date as
54
City of Winter Springs
Ordinance No. 2025-15
2
may be authorized by law. All duly qualified electors of the City of Winter Springs shall be entitled
to participate in said election.
SECTION 3. City Charter.
(A) Proposed Amendment to the City Charter. It is proposed that the electorate of the City
of Winter Springs provide its approval or disapproval of an amendment to the City Charter that would
eliminate the elected office of mayor effective after the 2030 general election; providing for the annual
selection of a mayor and deputy mayor by the city commission; establishing five single-member city
commission districts elected only by voters residing in each district; providing for conforming
amendments and transitional provisions. Upon approval by the electorate, the City Charter shall be
amended as follows (underlined type indicates additions to the Charter and strikeout type indicated
deletions, while “***” indicate text omissions contained in the city charter not affected by the proposed
amendment):
CITY CHARTER
* * *
Section 4.01. Composition; qualification of members; and commission districts and
elections.
(a) Composition. There shall be a governing body composed of the mayor and five (5)
commission members elected by the voters of the city as provided in this Charter. Not more
than one (1) commission member shall reside in each of the five (5) commission districts
provided for in Section 4.02 (a) of this Charter. The mayor shall be elected at large and may
reside anywhere within the city.
(b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or
commissioner. Each candidate seeking the office of city commissioner or mayor or any other
elective office of the city shall file a petition signed by fifteen (15) registered voters of the
city with the city clerk. Each candidate seeking the office of city commissioner or mayor or
any other elective office of the city shall have resided in the city one (1) year prior to the time
of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a
designated commission district established by ordinance and shall have resided in the
designated commission district six (6) months prior to the time of qualifying. Notwithstanding
the above requirement, city commissioners shall run at large as commission candidates under
district designation. All candidates for offices in municipal elections shall be registered and
qualified electors of the city at the time of their qualifying as a candidate with the city clerk
and shall file qualifying papers in accordance with state statutes and pay the qualifying fee
and election assessment provided for by city ordinances. Such application shall be filed and
the qualifying fee paid during the qualifying period established by the city commission by
ordinance.
(c) District Election. The five (5) commission members shall be elected from single-member
districts established pursuant to Section 4.02 of this Charter and elected solely by the voters
residing within their respective districts.
55
City of Winter Springs
Ordinance No. 2025-15
3
Section 4.02. Commission districts; adjustment of districts.
(a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by
separate ordinance divide the city into five (5) geographical commission districts.
(b) Districting commission. By the first day of February, 1991, the first day of February, 1992,
and every three (3) years thereafter, the city commission shall appoint seven (7) city electors
determined from the registration of the last regular election, one (1) to be appointed by each
commissioner from their respective district, and two (2) appointed by the mayor city
commission from the city at large, who shall comprise the districting commission. Electors
chosen shall not be employed by the city in any other capacity. The initial districting
commission, creating and establishing the first commission districts, shall be appointed by
each commissioner and the mayor from the city at large.
***
Section 4.03. Election and terms.
(a) The regular election of mayor and commissioners shall be held at the time provided for in
Section 8.01 of this Charter. All elections shall be for four-year terms of office. The terms of
the mayor and commissioner shall begin at the next scheduled regular or special meeting of
the city commission of each year an election is held, and its members shall serve until their
successors have taken office.
(b) City commission seats are hereby designated as seats one, two, three, four and five.
(c) The mayor shall be limited to three (3) consecutive full terms of office. Commission members
shall be limited to three (3) consecutive full terms of office. The mayor or aAny commission
member who has served three (3) consecutive full terms of office after having been out of
office for a period of one (1) year, shall be eligible for election to successive three (3)
consecutive full terms of office; provided however, this limitation shall not prohibit a person
who has served three (3) consecutive full terms of office as mayor from qualifying and being
elected as a commission member; nor shall this limitation prohibit a person who has served
three (3) consecutive full terms of office as a commission member from qualifying and being
elected as mayor of the city.
***
Section 4.05. Mayor.
At each regular election for the office of mayor, a mayor shall be elected at large for a term
of four (4) years and shall serve until the mayor's successor is elected and qualified; provided such
term of office shall not exceed four (4) years. At the first regular meeting each year, the
commission shall select from among its members officers who shall hold the titles of mayor and
deputy mayor, each serving at the pleasure of the commission. The mayor and deputy mayor shall
retain the rights of commissioner and the right to vote on issues before the commission. The mayor
shall preside at meetings of the city commission, represent the city in intergovernmental
relationships, present an annual State of the City Message, and perform other duties specified by
56
City of Winter Springs
Ordinance No. 2025-15
4
the commission. The mayor shall be recognized as head of the city government for all ceremonial
purposes and by the governor for purposes of military law, but shall have no administrative duties.
The city commission shall elect from among its members a deputy mayor who shall act as mayor
during the absence or disability of the mayor. However, if a vacancy occurs in the position of
mayor or deputy mayor, the vacancy shall be filled in accordance with section 4.08(c) of this
Charter.
The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days
after the adoption of any ordinance by the city commission, the mayor shall have the power to veto
said ordinance and return it to the commission at the next regular meeting with a written message.
It shall require the affirmative vote of four (4) commission members to pass the ordinance after
the mayor's veto.
***
Section 4.08. Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of the commissioner or mayor shall become vacant upon their death,
resignation, removal from office in any manner authorized by law or forfeiture of their office,
or in the event no one is elected to the office of mayor or commission member.
(b) Forfeiture of office. A commissioner or mayor shall forfeit their office if a commissioner or
mayor:
(1) Lacks at any time during their term of office any qualifications prescribed by this Charter
or by law; or
(2) Knowingly and willfully violates any express prohibition of this Charter; or
(3) Is convicted of a felony; or
(4) Fails to attend three (3) consecutive regular meetings of the commission without being
duly excused by the commission.
(c) Filling of vacancies. A vacancy in the mayor's position or a commission member's seat shall
be filled by a qualified person until the next regular election by a majority vote of all
remaining members of the city commission. It shall be the duty of the remaining members to
fill the vacancy at either of the next two regular meetings of the commission following the
creation of the vacancy. At the next regular election, a qualified person shall be elected for a
term equaling that period of time necessary to complete the unexpired terms of the previously
vacated position or seat; unless the previous term was to expire, in which case such person
shall be elected for a four (4) year term.
***
Section 4.10. City clerk.
(a) The city commission, after receiving a nomination from either the mayor or a commission
member(s) shall, by a vote of not less than four (4) commission members, appoint an officer
of the city who shall have the title of city clerk. The city clerk's compensation shall be
established by the city commission. The city clerk shall give notice of commission meetings
57
City of Winter Springs
Ordinance No. 2025-15
5
to its members and the public, keep the journal of its proceedings and perform such other
duties as are provided by this Charter, by the commission or by law.
(b) The city clerk may be removed by a vote of not less than four (4) commission members.
***
Section 6.02. City attorney.
(a) The city commission, after receiving a nomination from either the mayor or a commission
member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the
city who shall have the title of city attorney. The city attorney shall represent the city in legal
proceedings and shall perform such duties as provided by this Charter, by the commission, or by
law.
(b) The city attorney may be removed by a vote of not less than four (4) commission members.
***
Section 8.01. The city elections.
The regular general city election for electing the mayor and commission members from seats two and
four shall coincide with the Florida Gubernatorial election years. The regular general election for
electing commission members from seats one, three, and five shall coincide with the United States
Presidential election years. The entire electorate shall be entitled to vote in elections for mayor and
commission members.
***
Section 13.05 Transition to Mayor selected by the Commission; Single-member districts
(1) This transition shall not affect the term of any elected official of the City of Winter Springs
serving at the time of its passage. The individual elected as mayor on the effective date of this
amendment on November 3, 2026 shall exercise all powers and perform all duties of the office as
provided in the prior version of this Charter until the expiration of the term for which he or she was
elected.
(2) Beginning with the general election held in November 2030, the office of mayor shall no longer
be elected by the voters but shall instead be selected by the city commission, with the first selection to
occur at the first regular or special meeting of the commission at which the commissioners elected in
November 2030 are seated.
(3) Beginning with the general election held in November 2028, the five (5) commission members
shall be elected from single-member districts pursuant to Section 4.01(c) of this Charter.
58
City of Winter Springs
Ordinance No. 2025-15
6
(B) Ballot Question. Concurrent with the general election scheduled for November 3, 2026 or as
authorized in Section 2 of this Ordinance, the following question shall be placed on the ballot by the
Seminole County Supervisor of Elections.
Charter Amendment – Transition to Appointed Mayor and Establishment
of Single-Member Commission Districts
Shall the City Charter be amended to eliminate the elected office of Mayor effective after the
2030 regular election and provide that thereafter the City Commission shall annually appoint
from among its members a Mayor and Deputy Mayor; to replace the current at-large election
of City Commissioners with five single-member districts, each elected only by voters
residing in that district; and to provide for related transition and conforming amendments?
_____ YES
_____ NO
SECTION 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized
and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to
include the above-described questions on the ballot concurrent with the general election to be held
on November 3, 2026 or as authorized in Section 2 of this Ordinance.
SECTION 5. Notice of Referendum Election. General notice shall be first published at least
thirty (30) days prior to the November 3, 2026 general election or the date that the election is
actually held in accordance with Section 2 of this Ordinance. The publication of said notice shall
be made at least twice, once in the fifth week and once in the third week prior to the week in which
the election is held, in the manner provided in Section 100.342, Florida Statutes, and substantially
in the form attached hereto as Exhibit “A” or as otherwise lawfully provided.
SECTION 6. Payment of Referendum Expenses. The City Manager is hereby authorized and
directed to approve the payment of lawful expenses associated with conducting the City Charter
referendum election.
SECTION 7. Voter Registration Books. The Supervisor of Elections for Seminole County is
hereby authorized and requested to furnish to the inspectors and clerks at each place where the
votes are to be cast in such City Charter referendum, applicable portions of the registration books
or certified copies thereof showing the names of the qualified electors residing in the City of Winter
Springs.
SECTION 8. Election Administration. The City Charter referendum shall be held and
conducted in the manner prescribed by law and shall be as soon as practicable, be returned and
canvassed in the manner prescribed by law. The result shall show the number of qualified electors
who voted at such Charter referendum and the number of votes cast respectively for and against
59
City of Winter Springs
Ordinance No. 2025-15
7
approval of the City Charter. Upon certification in the manner prescribed by law, the results shall
be recorded in the minutes of the City Commission of the City of Winter Springs.
SECTION 9. Severability. Should any section or provision of this Ordinance, or any portion
hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof
to be declared invalid.
SECTION 10. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida; however, the ballot
proposal in Section 3 shall only become effective, independent of any other ballot proposal, if a
majority of the registered electors of the City of Winter Springs, Florida, who vote at the
referendum election required by this Ordinance, approve the specific ballot question set forth in
Section 3 of this Ordinance. The City Clerk is directed upon adoption of the revised Charter to
promptly file the revised Charter therein with the State of Florida, Department of State, as required
by Section 166.031, Florida Statutes, and incorporate the Charter amendment into the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the _______ day of __________________________, 2025.
________________________
Kevin McCann, Mayor
ATTEST:
_________________
Christian Gowan
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
_____________________
Anthony A. Garganese
City Attorney
First Reading: ____________________
Legal Advertisements: ____________________
Second Reading: _____________________
Effective Date ____________________
60
City of Winter Springs
Ordinance No. 2025-15
8
EXHIBIT A
Ordinance No. 2025 -15
NOTICE OF CITY REFERENDUM
Pursuant to the provisions of Section 100.342, Florida Statutes, notice is hereby given that
a referendum shall be held on November 3, 2026 or such other date as may be authorized by law,
where the citizens of Winter Springs will have an opportunity to vote upon the referendum question
described in Ordinance 2025-15, adopted by the City Commission of the City of Winter Springs,
Florida on the ___ day of _____ 2025. The title of the Ordinance is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA; PROVIDING FOR A REFERENDUM AND BALLOT
LANGUAGE FOR THE NOVEMBER 3, 2026 GENERAL ELECTION OR AN ELECTION
SCHEDULED THEREAFTER; PROPOSING AMENDMENTS TO THE CITY
CHARTER TO ELIMINATE THE ELECTED OFFICE OF MAYOR EFFECTIVE
AFTER THE 2030 GENERAL ELECTION; PROVIDING FOR THE ANNUAL
SELECTION OF A MAYOR AND DEPUTY MAYOR BY THE CITY COMMISSION;
ESTABLISHING FIVE SINGLE-MEMBER CITY COMMISSION DISTRICTS
ELECTED ONLY BY VOTERS RESIDING IN EACH DISTRICT; PROVIDING FOR
CONFORMING AMENDMENTS AND TRANSITIONAL PROVISIONS; PROVIDING
FOR A NOTICE OF CITY OF WINTER SPRINGS CHARTER REFERENDUM
QUESTION; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
The ballot caption and referendum question is as follows:
Charter Amendment – Transition to Appointed Mayor and Establishment of Single-
Member Commission Districts
Shall the City Charter be amended to eliminate the elected office of Mayor effective after the
2030 regular election and provide that thereafter the City Commission shall annually appoint
from among its members a Mayor and Deputy Mayor; to replace the current at-large election of
City Commissioners with five single-member districts, each elected only by voters residing in
that district; and to provide for related transition and conforming amendments?
_____ YES
_____ NO
61
PUBLIC HEARINGS AGENDA ITEM 401
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
First Reading of Ordinance 2025-16: Amending Allowable Expenditures of Tree Bank
Funds
SUMMARY
The City Commission previously discussed the use of arbor, also known as tree bank,
fund revenues at the August 25, 2025 meeting. The Commission voted at that time to
direct staff look into adding language to replace trees that are removed with other
trees and not allow funds to be expended on equipment.
The proposed ordinance amends Section 5.9. Winter Springs City Code to make these
desired changes, specifically stating "Monies collected in the tree bank shall be used
for planting and maintaining desirable trees on public lands or for meeting Tree City
USA Standards as published by the Arbor Day Foundation. Tree bank monies shall not
be used to purchase equipment." Desirable trees is a defined term in the City's Tree
Ordinance and are listed in the City Code in the Appendix in Chapter 5 of the City
Code.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the Commission hold a public hearing and approve Ordinance
2025-16 on first reading.
62
ORDINANCE NO. 2025-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WINTER SPRINGS SECTION
5.9, REGARDING THE EXPENDITURE OF MONIES
COLLECTED IN THE CITY’S TREE BANK; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission recognizes that the City’s Tree Protection and
Preservation Ordinance currently allows the City Commission to waive the number of replacement
trees required upon issuance of a tree removal permit if an applicant pays a tree replacement fee to
the City's "tree bank," and that monies collected in the tree bank will be used for enhancement and
maintenance of trees on public lands; and
WHEREAS, the intent and purpose of this Ordinance is to amend the Tree Protection
Ordinance only with respect to how the tree bank monies collected by the City can be expended;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 5, of the City Code is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 5. It is
intended that the text in Chapter 5 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 5 – TREE PROTECTION AND PRESERVATION
* * *
Sec 5-9. – Tree replacement guidelines.
* * *
City of Winter Springs
Ordinance No. 2025-16
Page 1 of 3
63
City of Winter Springs
Ordinance No. 2025-16
Page 2 of 3
(b)Criteria for replacement trees is as follows:
* * *
(5)Waivers of replacement tree(s) specifications.
a.General waivers. The number of required replacement trees may be
waived by the city commission, if the city commission determines that the remaining
number of trees to be preserved on site are of sufficient number and quality to
substantially comply with the purpose and intent of this chapter and a tree replacement
fee is paid to the city's "tree bank," which is hereby established. Monies collected in the
tree bank shall be used for enhancement and maintenance of planting and maintaining
desirable trees on public lands or for meeting Tree City USA Standards as published by
the Arbor Day Foundation. Tree bank monies shall not be used to purchase equipment.
The contribution to the tree bank may be waived by the city commission for individual
homeowners, on a case-by-case basis, if the homeowner can demonstrate that the
payment of the fee will cause the homeowner an undue economic hardship. Substitute
tree(s) allowed under this waiver provision must have the approval of the city
commission. The amount to be paid into the tree bank shall be set forth in Table 1 and
should be based upon wholesale market value of the trees being replaced, plus installation
and maintenance costs to establish the tree.
** *
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of______________, 2025.
64
City of Winter Springs
Ordinance No. 2025-16
Page 3 of 3
Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
_______________________________
Anthony A. Garganese, City Attorney
First Reading:
Legal Ad:
Second Reading:
65
REGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Consideration of Fee Waiver for the Wesley Seth Foundation Event
SUMMARY
Ms. Libby Baity, on behalf of The Wesley Seth Foundation, has expressed interest in
hosting a BBQ competition event at Central Winds Park on May 16th, 2026. City staff
has confirmed the availability of the requested facilities for the date requested and
determined that adequate City resources are available to accommodate this request.
Ms. Baity has requested an opportunity to request a waiver from the City Commission
of a $2,000 park rental fee that is established by resolution.
FUNDING SOURCE
RECOMMENDATION
City staff is recommending the Commission review the information present by the
event organizer and provide further direction to staff regarding the waiver of
applicable fees.
Pending the decision from the City Commission the City staff and City Attorney's office
would work with the event organizer to draft a contract for future approval by the City
Commission.
66
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Special Event
2020/11 Page 1 of 2
The City Manager or designee reserves the right to determine whether this application is complete and
accurate. An incomplete application will not be processed and will be returned to the applicant. The
application shall be reviewed per the City’s Land Development Code. Applications must be received sixty
days prior to the Special Event. All applications must include a site map. Once completed, please e-mail this
form to customerservice@winterspringsfl.org. A deposit of $250.00 (refundable) is required.
Name:
Address: Parcel ID:
Phone Number: Mobil Number:
Email:
Name of person, corporation, or association sponsoring the activity:
Address:
Phone Number:
Type of Organization:
Federal Identification Number Tax Exempt Number:
Name and Description of proposed activity:
Date(s) of Event: Set up time(s):
Hours of Event:
Estimated Attendance PER DAY:
Number of Auxiliary vehicles/equipment:
Type:
Type of event (check all that apply):
___ Carnival/Circus/Fair ___ Exhibit ___ Festival
___ Picnic/Party ___ Seminars/Meetings ___ Tournament/Competition
___ Other (explain) ___ Wedding/Reception
Event Details:
___ Open to Public ___Food/Beverage/Catering (Health Dept. Cert. Required)
___ Alcohol Beverages (free of charge) ___ Merchandise Sales
___ Alcohol Beverages Sales ___ Admission Charge/Ticket Sales $
___ Special Set-ups ___ Road or Sidewalk Closure *please attach map of closure
67
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Special Event
2020/11 Page 2 of 2
___ Concessions Stands ___ Number of Vendors (Current BTR Required)
___ Field Preparations ___ Water/Electric
___ Live Animals
___ Fireworks/Pyrotechnics (Requires Special Permit)
___ Restroom Facilities ___ Handicap ___ Local Businesses Restrooms Available
___ Total
Event Equipment (Applicant Provided):
___ Audio/Video Equipment ___ Mobile Stage
___ Inflatable Devices ___ Tables and Chairs
___ Registration Table ___ Generator
___ Stage/Props/Production ___ Need Power __ 110V __120V
___ Banners Site Location ___ Trash Cans/Dumpster
___ Restroom Facilities ___ Sports Equipment
___ Light Towers
___ Tents 10'x10’ ___ Quantity
___ Tents Larger than 10’x10’ ___ Quantity
NOTE: Tents over 120 square feet need a special permit and must have a Fire Retardant Certificate. They
must also be located near proper utilities.
___ Other (explain)
___ Signage (if yes, signs shall be no larger than 64 square feet)
Method of installation:
Description:
___ Date of installation
___ Date of removal
NOTE: Please provide a map of the location with sign locations.
CITY PORTION - This application shall be reviewed by the following Winter Springs agencies* and the
Seminole County Fire Department.
___ Police ___ Public Safety ___ Parks ___ Public Works ___ SC Fire
68
REGULAR AGENDA ITEM 501
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
State Revolving Fund Loan Application for East Waste Water Facility Replacement
Construction
SUMMARY
On June 13th the City Commission approved Resolution 2022-12 adopting the Clean
Water State Revolving Fund Wastewater Facilities Plan for the implementation of the
East and West Water Reclamation Facility replacements. The plan included findings
and summary of necessary improvements for the purpose of designing and
constructing Waste Water Facilities.
On August 13th the City received notification from the Florida Department of
Environmental Protection (FDEP) that the City's request to be included on the "FY 2026
CWSRF Water Pollution Control Priority List" for State Revolving Fund (SRF) funding for
construction services for Winter Springs was approved in the amount of $20,000,000.
Please find attached Resolution 2025-22 and FDEP Loan Application for approval to
submit the City's loan application for construction.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the City Commission consider and approve Resolution 2025-22
authorizing the City Manager to execute and submit a loan application with the Florida
Department of Environmental Protection for Project WW59062 - East Waste Water
Facility Replacement Construction.
69
City of Winter Springs
Resolution No. 2025-22
Page 1
RESOLUTION NO. 2025-22
A RESOLUTION OF CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE
STATE REVOLVING FUND LOAN PROGRAM AND REPLACING THE CITY’S
EAST WASTEWATER TREATMENT PLANT; MAKING FINDINGS;
AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN
AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING
AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for loans to local government agencies to finance the
construction of wastewater treatment facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish
pledged revenues, to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into a loan agreement; and
WHEREAS, after careful consideration and study and being duly advised by technical experts and
City staff, the City Commission has determined that the City of Winter Springs is in need of
replacing its existing East Wastewater Treatment Plant that is reaching the end of life span; and
WHEREAS, the City has estimated that the cost of replacing the existing East Wastewater
Treatment Plant is approximately $73,345,821 and it is necessary to obtain funding to complete
the replacement project; and
WHEREAS, the State Revolving Fund loan priority list designates the construction for Project No.
WW59062 as eligible for available funding; and
WHEREAS, the City of Winter Springs, Florida, intends to enter into a loan agreement with the
Department of Environmental Protection under the State Revolving Fund for project financing;
and
WHEREAS, the City Commission of the City of Winter Springs declares that this Resolution is in
the best interests of the public health, safety, welfare, convenience, and morals of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I. The foregoing findings are incorporated herein by reference and made a part hereof.
70
City of Winter Springs
Resolution No. 2025-22
Page 2
SECTION II. The City of Winter Springs, Florida, is authorized to apply for a loan to finance the
Project.
SECTION III. The revenues pledged for the repayment of the loan are net water and sewer system
revenues after payment of debt service on the following prior senior debt:
(1) Water and Sewer Refunding Revenue Bonds, Series 2000;
(2) Water and Sewer Revenue Refunding Note Payable, Series 2016;
(3) Water and Sewer Revenue Refunding Note Payable, Series 2020;
(4) City of Winter Springs, Florida, SRF Loan DW590610; and
(5) City of Winter Springs, Florida. SRF Loan WW59062.
SECTION IV. The City Manager is hereby designated as the authorized representative to provide
the assurances and commitments required by the loan application.
SECTIOIN V. The Mayor, or the Deputy Mayor in the absence of the Mayor, is hereby designated
as the authorized representative to execute the loan agreement which will become a binding
obligation in accordance with its terms when signed by both parties. The Mayor, or the Deputy
Mayor in the absence of the Mayor, and the City Manager are authorized to represent the City in
carrying out the City’s responsibilities under the loan agreement. The City Manager is authorized
to delegate responsibility to appropriate City staff to carry out technical, financial, and
administrative activities associated with the loan agreement. The City Attorney is authorized to
represent the City in carrying out the City’s legal related responsibilities under the loan agreement.
SECTION VI. The legal authority for borrowing moneys to construct this Project is the adoption
of this Resolution by the City Commission, by majority vote, in accordance with the powers vested
in the City Commission under the Constitution and laws of the State of Florida, including
particularly, Chapter 166, Florida Statutes, and other applicable provisions of law, including the
City Charter and Code of Ordinances.
SECTION VII. All resolutions or part of Resolutions in conflict with any of the provisions of this
Resolution are hereby repealed.
SECTION VIII. If any section or portion of a section of this Resolution proves to be invalid, unlawful,
or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any
other section or part of this Resolution.
SECTION IX. This Resolution shall become effective immediately upon its passage and adoption
by the City Commission of the City of Winter Springs, Florida.
[Signature Page Follows]
71
City of Winter Springs
Resolution No. 2025-22
Page 3
RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 10th day of November, 2025.
___________________________________
KEVIN McCANN, Mayor
ATTEST:
_______________________________________
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
_______________________________________
ANTHONY A. GARGANESE, City Attorney
72
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C. Effective Date March 9, 2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE REVOLVING FUND LOAN
PROGRAM for
Point Source Water Pollution Control
LOAN APPLICATION
For
Florida Department of Environmental Protection
State Revolving Fund Program
Marjory Stoneman Douglas Building
3900 Commonwealth Blvd., MS 3505
Tallahassee, FL 32399-3000
73
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C. Effective Date March 9, 2022
TABLE OF CONTENTS
Page
Number
LOAN APPLICATION
(1) SUBMITTAL.......................................................................................................................................... 1
(2) COMPLETING THE APPLICATION ................................................................................................... 1
(3) ASSISTANCE ........................................................................................................................................ 1
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR ............................................................................................................................. 1
(2) AUTHORIZED REPRESENTATIVE.................................................................................................... 1
(3) PRIMARY CONTACT .......................................................................................................................... 1
(4) ADDITIONAL CONTACTS.................................................................................................................. 1
(5) PROJECT NUMBER.............................................................................................................................. 1
(6) INTERIM FINANCING ......................................................................................................................... 1
PART II - PROJECT INFORMATION
A. PRECONSTRUCTION PROJECT
(1) ACTIVITIES .......................................................................................................................................... 2
(2) SCHEDULE............................................................................................................................................ 2
(3) COST...................................................................................................................................................... 2
B. CONSTRUCTION PROJECT
(1) ACTIVITIES .......................................................................................................................................... 2
(2) SCHEDULE............................................................................................................................................ 3
(3) COST...................................................................................................................................................... 3
PART III - FINANCIAL INFORMATION
(1) PRINCIPAL ........................................................................................................................................... 3
(2) TERMS AND REPAYMENT ................................................................................................................ 3
(3) ANNUAL FUNDING LIMIT ................................................................................................................. 3
(4) INFORMATION ON LIENS ................................................................................................................. 3
(5) ACTUAL AND PROJECTED REVENUES .......................................................................................... 4
(6) AVAILABILITY OF PLEDGED REVENUES ..................................................................................... 4
(7) LOAN SERVICE FEE ............................................................................................................................ 4
PART IV - AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION ................................................................................................................................ 4
(2) ASSURANCES ...................................................................................................................................... 4
PART V - SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS............................................................................................ 7
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE ............................................................ 8
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE...................................................... 9
LIST OF ATTACHMENTS ............................................................................................................................ 10
74
Form Application 1
Incorporated in 62-503.430(1)(a), F.A.C. Page 1 of 10 Effective Date March 9, 2022
LOAN APPLICATION
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505, State
Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000. The application (and backup)
may be submitted electronically to the Department’s Project Manager.
(2) COMPLETING THE APPLICATION.
(a) This application consists of five parts: (I) ADMINISTRATIVE INFORMATION; (II) PROJECT INFORMATION;
(III) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY
INFORMATION.
(b) All information provided on this application must be printed. Monetary amounts may be rounded.
(c) Forms and attachments to be submitted are denoted with italic print.
(3) ASSISTANCE. Completing this application may require information that can be obtained from Clean Water State
Revolving Fund Program staff. Please email SRF_Reporting@dep.state.fl.us for assistance in completing this
application.
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR
Federal Employer Identification Number
DUNS Number
(2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents).
Name Title
Telephone FAX Email
Mailing Address
(3) PRIMARY CONTACT (person to answer questions regarding this application).
Name Title
Telephone FAX Email
Employer
Mailing Address
(4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence, attach
the information (Attachment # ).
Name Title
Telephone FAX Email
Employer
Mailing Address
(5) PROJECT NUMBER (listed on the Department's priority list).
(6) INTERIM FINANCING. A local government project sponsor that has interim financing may be subject to certain
conditions regarding such financing.
Is the project currently being funded with interim financing? Yes No
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PART II – PROJECT INFORMATION
If you are applying for a planning, design, or SSES loan for a project that will involve construction, complete only Subpart A
below. If you are applying for a loan to construct a project that is already planned and designed, complete only Subpart B
below.
A. PLANNING, DESIGN OR SSES PROJECT
Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects
(not eligible for design loans) or those where multiple facilities, segments, or phases are involved, please attach information
for activities, schedule, and cost for each. (Attachment # )
(1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan.
Include a list of any specialized studies to be performed. (Attachment # ) Are these activities the same as those
scheduled on the Request for Inclusion Form? Yes No. If “No”, please explain. (Attachment # )
(2)SCHEDULE.
(a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete
required tasks.)
Planning documentation
Engineering work
Certification of site availability
Permit
(b) Do you anticipate that an interlocal agreement with another party will be necessary to implement
the project? If “Yes”, please explain. (Attachment # )
Yes No
(c) Is this a design/build project? Yes No
(3) COST. Is the cost information submitted for the planning, design or SSES loan priority list current?
If “No”, please explain and submit revised cost information using the appropriate page of the
Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be
limited to the priority list amount.
Yes No
PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III.
B. CONSTRUCTION OR I/I REHABILITATION PROJECT
(1) ACTIVITIES.
(a) Attach a brief description of construction or I/I rehabilitation activities to be financed by this loan. Include a list of the
contracts (by title) corresponding to the plans and specifications accepted by the Department (Attachment # ).
Are these contracts the same as those scheduled on the Request for Inclusion Form?Yes No
If “No”, please explain. (Attachment # )
(b) Have any of the contracts been bid? Yes No
If “Yes”, indicate which contracts have been bid. (Attachment # )
(c) Was planning, design, or SSES for this project financed in another SRF loan? Yes No
If “Yes”, give the SRF loan number.
(d) Does this project involve an interlocal agreement with other local governments or other entities? Yes No
If “Yes”, attach a copy of the interlocal agreement. (Attachment # )
Is the interlocal agreement fully executed and enforceable? Yes No
If “No”, please explain (Attachment # ).
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(2) SCHEDULE. (month and year)
(a) Anticipated notice to proceed for first construction contract.
(b) Anticipated completion of all construction contracts.
(3) COST. Is the cost information submitted for the priority list current? Yes No
If “No”, please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form.
(Attachment # ) Note that the disbursable amount will be limited to the priority list amount.
PART III - FINANCIAL INFORMATION
Estimates of the capitalized interest, project useful life for financial hardship loans, financing rate, pledged revenue coverage,
limitations on annual loan amounts for large projects, applicability and amount of repayment reserves, amount of the loan
service fee and any other information may be obtained by contacting staff in the State Revolving Fund Management Section.
(1) PRINCIPAL. The requested amount of the loan which does not include capitalized interest is $
Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project
information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and
it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does
not include the loan service fee.
(2) TERMS AND REPAYMENT.
(a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20 years unless the
project is to serve a small community qualifying as having a financial hardship. Loans to financial hardship communities
may be amortized over the lesser of useful life of the project or 30 years. Loans to non-governmental project sponsors are
amortized over the lesser of the useful of the project or 20 years. Finance charges and principal are paid semiannually.
What is the useful life of the project? (years)
Over how many years would you like to amortize the loan? (years)
(b) List all revenues that are to be pledged for repayment of this loan. .
(c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to the
Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of each
repayment.
What coverage is proposed for the loan? %(coverage percentage)
(d) Is any other financial assistance being applied to this project? Yes No
If “Yes”, please list. (Attachment # )
(3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be provided in
increments pursuant to the initial loan agreement and subsequent amendments. Each increment shall have a separate
financing rate as established in the agreement or amendment providing that increment.
(4) INFORMATION ON LIENS.
(a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan.
(Attachment # ) For example: City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued
in the amount of $10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-
156.
(b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each prior and
parity obligation.
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(c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting
forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing
additional debt, provisions for bond insurance, and debt rating. (Attachment # ).
(d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment # ).
(5) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years.
(b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged
revenues for loan repayment.
(6) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment
# ) The opinion must address the following:
(a) Availability of the revenues to repay the loan.
(b) Right to increase rates at which revenues shall be collected to repay the loan.
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(7) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee along with
interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement.
PART IV – AUTHORIZATION AND ASSURANCES
(1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of
authorization (Attachment # ) for the following:
(a) Pledging revenues to repay the loan.
(b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan agreement,
and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements) under the
loan agreement.
(2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to
the loan for this project. Applicants should seek further information from the Clean Water State Revolving Fund
Program staff as to the applicability of the requirements if the necessity for the assurances is of concern. Specifically,
the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as
appropriate, in undertaking the Project:
(a) Assurances for capitalization grant projects.
1. Complete all facilities for which funding has been provided.
2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of
1966, PL 89-665, as amended, regarding identification and protection of historic properties.
3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans.
4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency
with the approved State management program developed under this Act.
5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or
endangered species and their habitats.
6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration
and maintenance of the historic and cultural environment.
7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated
with floodplain occupancy, modification and development whenever there is a practicable alternative.
8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated
with the destruction or modification of wetlands and avoiding support of construction in wetlands.
9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams
or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
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10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources
of drinking water.
11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of
the national wild and scenic rivers system.
12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits
discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135, which prohibits
discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which prohibits
sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis
of handicaps.
13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons.
14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small, minority,
and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction
and services.
15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the coastal barrier
resources.
16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible
loss.
17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted
programs.
18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that
projects be carried out in accordance with area wide planning activities.
19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which prohibit
manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project.
20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or
suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs.
21. Minority and Women’s Business Enterprise participation in project work using numerical goals, established by the U.S.
Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts.
(b) Assurances for other projects.
1. Chapter 161, Part I, F.S., "Beach and Shore Preservation Act" and Part III, “Coastal Zone Protection Act of 1985”
which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore.
2. Chapter 163, Part II, F.S., the “Local Government Comprehensive Planning and Land Development Regulation Act”
which requires units of local government to establish and implement comprehensive planning programs to control
future development.
3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans and the
State Comprehensive Plan.
4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of
archaeological properties of major statewide significance discovered during construction activities.
5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national wild and
scenic rivers system.
6. Chapter 267, F.S., the “Florida Historical Resources Act” which requires identification, protection, and preservation of
historic properties, archaeological and anthropological sites.
7. Chapter 287, Part I, F.S., which prohibits parties convicted of public entity crimes or discrimination from participating
in State-assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State-
assisted projects.
8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an
endangered, threatened, or special concern species or intentionally destroying their eggs or nest.
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9. Chapter 373, Part IV, F.S., Florida Water Resources Act of 1972, which requires that activities on surface waters or
wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of fish and wildlife,
including endangered or threatened species or their habitats; navigation or the flow of water; the fishing or recreational
values or marine productivity; and significant historical and archaeological resources.
10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation
of developments and implementation of land and water management policies.
11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems.
12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of the state.
13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management District’s
regulations governing the use of land and water resources.
14. Governor’s Executive Order 95-359, which requires State Clearinghouse review of project planning documentation
and intergovernmental coordination.
(c) Assurances for all projects. The loan recipient certifies that it is not listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.”
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the
attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized
to file the application and to provide these assurances.
Signed this Day of , 20
Authorized Representative
(signature) (name typed or printed)
Attachments
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PART V – SUPPLEMENTARY INFORMATION
SCHEDULE OF PRIOR AND PARITY LIENS
(EXCLUDING SRF LOANS)
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least
three additional fiscal years. Use additional pages as necessary.
#1 #2 #3
Identify Each
Obligation
Coverage % % %
Insured? Yes No Yes No Yes No
Total Debt
Fiscal Annual Debt Service (Principal Plus Interest)Total Service Incl.
Year #1 #2 #3 Debt Service Coverage
2011 $ $ $ $ $
2012 $ $ $ $ $
2013 $ $ $ $ $
2014 $ $ $ $ $
2015 $ $ $ $ $
2016 $ $ $ $ $
2017 $ $ $ $ $
2018 $ $ $ $ $
2019 $ $ $ $ $
2020 $ $ $ $ $
2021 $ $ $ $ $
2022 $ $ $ $ $
2023 $ $ $ $ $
2024 $ $ $ $ $
2025 $ $ $ $ $
2026 $ $ $ $ $
2027 $ $ $ $ $
2028 $ $ $ $ $
2029 $ $ $ $ $
2030 $ $ $ $ $
2031 $ $ $ $ $
2032 $ $ $ $ $
2033 $ $ $ $ $
2034 $ $ $ $ $
2035 $ $ $ $ $
2036 $ $ $ $ $
2037 $ $ $ $ $
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PART V – SUPPLEMENTARY INFORMATION
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
(Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.)
FY 20 FY 20
(a) Operating Revenues (Source)
(b) Interest Income
(c) Other Income or Revenue (Identify)
(d) Total Revenues
(e) Operating Expenses (excluding
interest on debt, depreciation,
and other non-cash items)
(f) Net Revenues [(f) = (d) – (e)]
(g) Debt Service (including any
required coverage)
(h) Attach audited annual financial report(s), or pages thereof, or other documentation necessary to
support the above information. Include any notes or comments from the audit reports regarding
compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for
repayment of the SRF Loan. (Attachment # )
(i) Attach worksheets reconciling this page with the appropriate financial statements (for example,
backing out depreciation and interest payments from operating expenses). (Attachment # )
(j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please
explain what corrective action was taken. (Attachment # )
23 24
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PART V – SUPPLEMENTARY INFORMATION
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
Begin with the fiscal year preceding first anticipated semiannual loan payment and continuing for at least three
additional years. Attach a separate page for previous State Revolving Fund loans. (Attachment # )
FY 20 FY 20 FY 20 FY 20 FY 20
(a) Operating Revenue
(b) Interest Income
(c) Other Income or Revenue
(identify)
(d) Total Revenues
(e) Operating Expenses (excluding
interest on debt, depreciation, and
other non-cash items)
(f) Net Revenues (f = d - e)
(g) Revenue (including coverage)
pledged to debt service, excluding
SRF loans
(h) Revenue (including coverage)
pledged to outstanding SRF loans
(i) Revenue Available for this SRF
Loan [(i) = (f) – (g) – (h)]
(j) Identify the source of the above information and explain methods used to develop the projections (Attachment # ).
Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases,
service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other
considerations.
(k) For construction loans, are the above projections consistent with the accepted financial
feasibility information?
Yes No
If “No”, please explain. (Attachment # )
25 26 27 28 29
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PART V – SUPPLEMENTARY INFORMATION
LIST OF ATTACHMENTS
LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental
information. The application is not complete without the completed List of Attachments. Please list all
attachments that you are including with this application form.
Attachment Number
87
REGULAR AGENDA ITEM 502
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
Matters Related to Boards and Committees
SUMMARY
The City Clerk Department wishes to inform the City Commission of the following
vacancies:
Per Section 2-41(e) of the City Code , "If any commissioner fails to appoint a member
within thirty (30) days after a vacancy occurs or a term expires, that seat shall be
filled by a majority vote of the commission."
CURRENT VACANCIES:
Oak Forest Wall and Beautification District Advisory Committee
Seat Four: Term Expires August 31, 2026
FUNDING SOURCE
RECOMMENDATION
Staff requests the vacancy on Seat Four of the Oak Forest Wall and Beautification
District Advisory Committee be filled by Commissioner Resnick.
88
REGULAR AGENDA ITEM 503
CITY COMMISSION AGENDA | NOVEMBER 10, 2025 REGULAR MEETING
TITLE
New Business
SUMMARY
Pursuant to Sec 2-27 (c)(2) of the City Code, "Unless otherwise determined by the city
commission, each regular agenda shall include a new business section, placed in the
order on the agenda approved by the city commission, which provides the mayor, any
city commissioner, city manager or city attorney an opportunity to briefly introduce
new issues not on the agenda solely for the purpose of requesting that the city
commission direct the city manager to further evaluate and prepare the item for
placement on a future agenda as a commission- directed item. The new business
section shall not be used to present items requiring prior public notice or hearing, for
reports allowed under subsection (m), or be used as a substitute for timely placing
items on the agenda prior to the agenda packet being distributed or as an add-on item
as required by subsection (b). The city commission will not take final action on any
new business item other than deciding whether the item should be placed on a future
agenda.
Persons introducing new business items are encouraged to provide background
information regarding the item prior to or at the meeting in the same manner as
permitted for reports under subsection (m)(4)."
FUNDING SOURCE
RECOMMENDATION
N/A
89