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Winter Park City Commission - Meeting Minutes - February 23, 2022 - 3:30 p.m.


February 23, 2022, at 3:30 p.m.

Present Mayor Phil Anderson; Commissioners Marty Sullivan, Sheila DeCiccio, Carolyn Cooper and Todd Weaver (absent from 4:17 to 7:01 p.m.); City Manager Randy Knight; City Attorney Kurt Ardaman; City Clerk Rene Cranis

1) Meeting Called to Order Mayor Anderson called the meeting to order at 3:31.

2) Invocation Joseph Richardson, Central Florida Freethought Community, provided the invocation followed by the Pledge of Allegiance.

3) Approval of Agenda Motion made by Commissioner DeCiccio to approve the agenda; seconded by Commissioner Cooper. Motion carried unanimously with a 5-0 vote.

4) Mayor Report a. Recognition of Don Palladeno for his service to the Police and Fire Departments. Acting Police Chief Pam Marcum and Fire Chief Dan Hagedorn recognized Don Palladeno for his long-time support of the Police and Fire Departments and displayed a plaque which will be displayed in the lobby of the Public Safety Building. Jim Huckaba spoke about Mr. Palladeno's service on the Civil Service Board and his founding of Friends of the Winter Park Police and Fire which assists first responders in time of need. He thanked everyone for their support.

5) City Manager Report a. Confirmation of TimothyR. Volkerson as Winter Park Police Chief Mr. Knight summarized Division Chief Volkerson’s credentials and recommended confirmation of his appointment as Police Chief.

Motion made by Commissioner Cooper to confirm Timothy R. Volkerson as Police Chief effective February 28, 2022; seconded by Commissioner Weaver. Motion carried unanimously with a 5-0 vote.

Mr. Knight advised that the city closed on the purchase of 1401 Howell Branch Road with renovations to begin shortly to accommodate the relocation of the Building Department.

6) City Attorney Report a. Declaration of Restrictive Covenant - West Meadow Mr. Ardaman presented the Declaration of Restrictive Covenant. He advised of Ordinance 2327, adopted in 1999, that requires voter approval for any permanent structure or building in the designated the area which includes West Meadow and Central Park. The covenant provides that the use of West Meadow is to be restricted for park purposes only, which includes active and/or passive park and recreational purposes and public events. It also includes a provision that authorizes facilities, structures and improvements such as pavilions and restrooms facilities that support, accommodate or facilitate those park purposes. The covenant would have to be revised to document the commission’s intent as to whether or not those types of facilities and structures would require voter approval. He responded to questions stating that he does not know the commission intent at the time that ordinance was adopted but the language is subject to some interpretation. He stated that the commission’s intent should be clearly stated in the covenant.

Commissioner Sullivan said he does not believe the intent of the ordinance was to forbid restrooms or stage similar to the one in Central Park and would not be subject to voter approval. He supported the covenant as proposed.

Commissioner DeCiccio also felt that it was not the intent to exclude restrooms and pavilions, which she feels are needed and will increase the use of this area of the park; however, any building design should mirror the new stage and train station. She suggested adding a clause to the covenant that overrides the 1999 ordinance to allow for amenities likes restrooms, storage facilities or pavilions that benefit the city and the residents. In response to Mayor Anderson, she affirmed that she would like to adjust the 1999 ordinance.

Mr. Ardaman said if that is the intent, an ordinance would be needed to adopt the covenant that includes that clause defining what is allowed and that the covenant would control in case of a conflict with the 1999 ordinance. In essence, it would keep the 1999 ordinance in place except for what is allowed by this covenant.

Commissioner Cooper provided the background of the 1999 ordinance and one in 2002 that clarified what structures required voter approval. She said she feels the ordinance should not be considered for revision or repeal without significant community input. She said she feels it is about what the residents expect from the city to protect Central Park and said it is clearly defined to be any permanent structure. She supported language in the covenant to require voter approval and deferring this until it is advertised for reconsideration of the ordinance and everyone has a clear understanding of the two ordinances.

Commissioner DeCiccio she said the purpose of the covenant is to provide more protection from commercial development. She is not looking to repeal the ordinance but to set more restrictive measures.

Mayor Anderson said the covenant and the ordinance, combined, provide significant protection and asked Mr. Ardaman whether the commission has the option to approve the covenant as is and address the 1999 ordinance at a later date.

Mr. Ardaman stated if the intent of the commission is to make sure they both apply, he suggested adding a clause at the end of Section 1 that states “subject to compliance with all applicable codes and ordinances” so there is no question that both apply. If ordinances are in place and the covenant is adopted as is, the 1999 ordinance still stands and voter approval would be required for any permanent building or structure. He recommended that the commission’s intent be made clear and documented in an ordinance. He responded to questions and recommended discussing the two ordinances before adopting the restrictive covenant.

Commissioner Weaver supported the covenant but feels the voters should have input. He spoke about the use of the West Meadow for the Farmer’s Market, which he feels should move back to the Farmers Market, and opposed any buildings in West Meadow and Central Park and any buildings without voter approval.

Mayor Anderson said he is comfortable having overlapping restrictions and feels that restrictive covenants last longer than ordinances as they are deed restrictions until the party establishing those restrictions elects to remove them. Ordinances are legislative and more easily modified or rescinded. He expressed concern with incorporating the provisions of an ordinance by reference in the covenant. He feels if the commission determines to reconsider the 1999 and 2002 ordinances, they should be addressed before adopting a restrictive covenant.

Commissioner Cooper said she is firmly disinterested in opening the 1999 ordinance. She noted that the city has the legal right to build a structure at 20% FAR under park zoning but doesn’t believe three citizens should have the unilateral right to put a structure at 20% FAR in the park. She said this covenant clearly allows some structures that the residents have fought against unless there is voter approval.

Motion made by Commissioner Weaver to table; seconded by Commissioner Sullivan.

Mr. Ardaman read from the provisions for building on property zoned Parks and Recreation which has a defined process for buildings on park land.

Mayor Anderson suggested placing discussion of the ordinances on an upcoming agenda. Approved by consensus.

Commissioner Weaver left the meeting at 4:17 p.m.

Motion to table carried with a 3-1 vote. Commissioner Cooper voted no. Commissioner Weaver was absent.

7) Non-Action Items

8) Public Comments| 5 p.m. or soon thereafter (Heard after the recess)

9) Consent Agenda a. Approval of the minutes of the joint work session with EDAB, February 8, 2022 b. Approval of the minutes of the regular meeting, February 9, 2022 c. Approval of the minutes of the work session, February 10, 2022 d. Approve the following contract: 1. Lewis Outdoor Solutions - IFB7-17 - Landscape Maintenance for City Facilities for continued services with the vendor beyond the term length of the initial contract; Amount $450,000

Motion made by Commissioner Cooper to approve the Consent Agenda; seconded by Commissioner Sullivan. Motion carried unanimously with a 4-0 vote. Commissioner Weaver was absent.

10) Action Items Requiring Discussion a. Request of Utility AdvisoryBoard (UAB) to hire a consultant to address governance by the UAB Michael Poole, Chairman of the UAB, stated his goal is to get clear direction on what the Commission wants the board to do and to avoid differing positions of the board and the city staff. He reviewed the plan to hire the consultant who would interview the current and past members of the commission and UAB members and staff to get an understanding of what has and has not worked, processes and improvements. He noted the unanimous consent of UAB that this is the right thing to do.

Mayor Anderson spoke about the difference between governance of execution matters (finding cheapest fuel, gas, solar) versus policy matters (plans for after undergrounding is complete and use of resources). He feels policy matters are not delegated and as he understands, the issue is how recommendations on policy matters come to the commission.

Mr. Poole said that the questions are about processes and what matters the board should address.

Mayor Anderson noted the parallels to EDAB where the commission is reassessing the role and goals for economic development and the board. He questioned whether the clean energy feasibility study would lead to, as a policy matter, paths in moving forward.

Commissioner Sullivan said he sees UAB playing a role in both policy advisement and operational decisions. He believes that some decisions need to be made jointly by the board, commission and staff and that the UAB can be the conduit between the citizens to the city. He feels there are questions that need to be addressed by an outside party and suggested as part of the RFP, the consultant address the conflict between the purchasing bulk power and sustainability priorities.

Commissioner DeCiccio noted similar issues with other boards responsibilities and questioned whether this should be done for all boards.

Commissioner Cooper agreed that this request may be more in line with many of the city boards. Before retaining a consultant, she needs to know the roles, responsibilities and authority as the board sees them.

Mr. Knight reminded everyone of the work session tomorrow on advisory boards. He said he hears the frustration about the process for getting matters from UAB to the Commission and will ensure that happens in a timely fashion. He thinks the first step is to start with the mission of what commission wants the board to do.

Mayor Anderson agreed. He sees the board as a strategic advisor and monitor for getting the best value. He suggested developing a strategic plan, then prepare a policy and determine if structure is right.

Mr. Poole supported development of a strategic plan for all utilities that includes governance and a communication plan with non-resident water and sewer customers. After additional comments, consensus was to assist the UAB in developing a strategic plan.

A recess was held from 4:56 to 5:07 p.m.

Mayor Anderson advised that Item 11b will be heard prior to Public Comment. Mr. Jeff Briggs advised that the applicant has requested this be tabled until March 9th due to the lack of a full Commission.

Motion made by Commissioner DeCiccio to table this request to March 9, 2022; seconded by Commissioner Sullivan. Motion carried unanimously with a 4-0 vote. Commissioner Weaver was absent.

8) Public Comments | 5 p.m. or soon there after (Heard after the recess) Beth Hall, 516 Sylvan Drive, spoke about the Declaration of Restrictive Covenants and said the 1999 ordinance should not be disregarded and if it is going to be disregarded it should be done without public involvement.

Donna Colado, 327 Beloit Avenue, provided the history of the 1999 ordinance and opposed its repeal.

Leonard Feinberg, 250 Cortland Avenue, expressed his concern about inequities in the electric fees and costs for residents to underground their service lines and asked the city to reconsider the reimbursement program to include reimbursing customers for the costs paid to electricians for undergrounding.

Mayor Anderson and Commissioner Sullivan spoke about the program, fees and inequities and advised that reimbursements will be issued in March and that there are no plans to reconsider the reimbursement process.

10) Action Items Requiring Discussion (continued) b. Appeal of Tree Permit Denial - 1417 Border Dr. Josh Nye, Superintendent of Urban Forestry, reviewed the background of the application to remove a live oak tree and subsequent denial. He showed the site plan/building footprint which shows that the tree is outside the building footprint and shows no indication of defects. Staff denied the permit and the Tree Preservation Board upheld the denial, which the applicant has appealed to the Commission

Motion made by Commissioner Cooper to uphold the denial of the permit; seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted yes. Motion carried with a 4-0 vote. Commissioner Weaver was absent.

c. COVID-19 Testing and Meeting procedures Michelle del Valle, Assistant City Manager, summarized employee testing, results and costs and reported that advisory board members have requested to go back to live meetings. Staff is recommending that boards meet only in person due to labor intensity of IT staff to manage hybrid meetings and that live meetings be reinstated beginning April 1st. She responded to questions regarding video recordings and challenges due to meeting facilities and scheduling. She added that audio recordings will be posted on the website. She confirmed that voluntary tests can be provided for employees and reported on the costs.

Mayor Anderson noted that the city will continue to receive wastewater testing reports from Altamonte Springs and said that if there is an increase in cases this will have to come back to the commission for reconsideration at the next available meeting.

Discussion was held on going back to live meetings. It was clarified that the board members can participate by telephone per City Code, but the board must have a physical quorum. The public will have to attend in person.

Motion made by Mayor Anderson to eliminate weekly COVID testing of employees and to restart live meetings for all advisory boards beginning April 1, 2022; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson. Motion carried with a 4-0 vote. Commissioner Weaver was absent.

d. Winter Park High School- Request for Use of City Hall and Farmers Market parking lots as a fund raiser during the Spring Art Festival. Jason Seeley, Parks and Recreation Director, provided the background of WPHS’s use of the Farmers Market and City Hall parking lots for art festival parking for fundraisers and noted concerns about allowing use of public parking areas for fundraising. In addition to the request for this year, guidance is needed on whether to continue to allow the use of the lots for fundraising and whether to create a process to allow other groups the opportunity to use for fundraising. Commissioner DeCiccio suggested leaving the employee parking lot open for public use and using the back lot for WPHS.

Coach Russell, WPHS, stated that the purpose of this is to get students involved in fundraising and support WPHS programs. He explained how the parking is managed with adults collecting money and students directing cars and noted that 10% of the proceeds are donated to the city. He supported a process for the future with a facility use agreement and insurance.

Motion made by Commissioner Sullivan to allow the use of the Farmers Market on Friday, City Hall on Saturday and both lots on Sunday during the 2022 Art Festival; seconded by Mayor Anderson.

Commissioner Cooper asked whether residents could be offered a lower rate. Coach Russell said if that is the desire, he would suggest a pre-selling option for next year.

Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted yes. Motion carried with a 4-0 vote. Commissioner Weaver was absent.

11) Public Hearings a. Requests of Winter Park Town Center Ltd. (Winter Park Village): • Conditional Use approval to construct a central architectural tower at a height of 63 feet, which requires a variance of 8 feet above the 55 feet (Regal Cinemas at WinterPark Village). • Conditional Use approval for the installation of three electronic signs on the front façade of Regal Cinemas. The applicant has requested a continuance to the March 23, 2022 City Commission Meeting to have sufficient time to address concerns raised during the February 1, 2022 Planning and Zoning Board Meeting.

b. Requests of Winter Park Christian Church and Creative Neighbors LLC. • Winter Park Christian Church: Conditional Use approval to build a new replacement church facility on the 1.25 acres of the Lakemont frontage at 740/760 N. Lakemont Avenue, zoned R-1A; • Creative Neighbors LLC: o Ordinance amending the Comprehensive Plan Future Land Use Map; from Institutional to Single Family Residential on the rear 5.25 acres. (1st Reading) o Ordinance amending the Zoning Map to change from Single-Family (R- 1A) zoning to Planned Unit Residential District (PURD) zoning. (1st Reading) o Approval of Preliminary Concept Plan for the Planned Unit Residential District zoning and to provide subdivision plat approval to divide the east/rear 5.25 acres of 740/760 N. Lakemont Avenue to provide for 13 single-family home lots and 12 townhouses lots, common area park and retention tracts.

This item addressed prior to Public Comment was continued to March 9, 2022


Attorney Ardaman read the ordinances by title. A simultaneous public hearing was held. John Harbilas, Planner, briefly reviewed these requests.

Motion made by Commissioner Sullivan to adopt the ordinances on second reading; seconded by Commissioner DeCiccio. There were no public comments. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted yes. Motion carried with a 4-0 vote. Commissioner Weaver was absent.


Attorney Ardaman read the ordinance by title.

Motion made by Mayor Anderson to adopt the ordinance on second reading; seconded by Commissioner Cooper. There were no public comments. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted. Motion carried with a 4-0 vote. Commissioner Weaver was absent.

e. Request of ZProperties for: • Ordinance authorizing the conveyance of a stormwater pond drainage easement (1st reading); and • Approval to grant an easement to enlarge and maintain the city-owned retention pond located behind 341 N. Pennsylvania Avenue and to route stormwater retention from previously approved office building located at 301 N. Pennsylvania Avenue to the city-owned retention area. This item was continued from the February 9, 2022 meeting.

Attorney Ardaman read the ordinance by title.

Jeff Briggs, Principal Planner, reviewed the request to allow the use of a city-owned retention area to serve not just city property but also some adjoining surrounding properties including the six homes built under the Winter Park Community Land Trust on Israel Simpson Court. As part of an agreement for the applicant to use the property at 341 N. Pennsylvania for parking, the applicant has been maintaining the retention area. With untapped capacity on the land, the applicant is requesting to use the retention area for the redevelopment of properties at 271 and 301 N. Pennsylvania Avenue which had been anticipated since the time of the agreement. He noted that rezoning of 301 N. Pennsylvania was predicated on the applicant building of an affordable home, which they are building in partnership with the Land Trust and that the office building and the home must be completed at the same time. The applicant’s civil engineer completed a study which showed there is enough area and capacity to serve his redevelopment this third property, which has been confirmed by staff. The request is to grant to them an easement to allow their water to go onto the city property, which requires an ordinance. Staff supports the request because it puts in place the original intent for a retention area that serves more than the city property. Staff strongly supports this request, but is of the opinion that this not be given away for free. He reviewed the cost and savings to applicant from not having to build an exfiltration system and to recognize the savings, the applicant has agreed to contribute $25k to city’s affordable trust fund, but that is subject to commission approval. He reviewed a drawing showing the retention area, properties using the retention area and location of easements and affordable housing units.

Commissioner Cooper presented a map of area and properties intended to use the retention area and value of drainage. She spoke about the concerns of Mary Daniels, owner of property owner to the north, because of the doubling of the capacity that will be handled. She questioned whether staff has determined the retention area can handle the stormwater.

Mr. Briggs replied that staff has analyzed and accepted the civil engineer’s report that states it can hold the volume from all of the properties. He said the size of the pond will be increased with side walls to increase the capacity. The property will also have cypress trees and a privacy fence abutting the adjacent properties.

Mayor Anderson requested visuals of the existing and proposed conditions.

Commissioner Sullivan explained the current and proposed design and elevation.

Zane Williams, 219 Comstock Avenue, applicant, stated that the pond has been effective and performed well. He said he understands Mrs. Daniels’ concern; however, the calculations support that the area can handle the increased capacity. He stated that they will install a vinyl fence and meet all codes as to design and materials.

Commissioner Sullivan read from e-mail from Mary Daniels regarding Section 2 of the easement which states, in part, the stormwater run-off originating from the office property being conveyed to the retention property shall be limited to the volume for which it was originally approved. Mr. Briggs clarified that it cannot be expanded without approval of the commission. He confirmed that there will be no overflow to adjacent properties because when it reaches a certain level, it flows through a pipe to Symonds and eventually MLK Park.

Mr. Williams showed previous condition of the property and said that aesthetics have been improved and will be improved again.

Mayor Anderson said as long as aesthetics and performance is addressed, then this appears to be an efficient use of the property with improved landscaping. Discussion followed on aesthetics and protection of adjacent properties from overflow.

Motion made by Mayor Anderson to approve the request with conditions: submittal of an aesthetic plan, resident option of a solid versus fence to the north and the west, validation that there won't be any flooding caused by any overflow (engineer seal that agrees), and that a generous share of savings approach would be satisfactory to go into the Affordable Housing Fund; seconded by Commissioner Cooper.

Mary Daniels, 650 Canton Avenue, expressed her concern about increasing the capacity and asked whether it will be deeper or where will it be increased. She asked for consideration for the impact to the adjacent properties.

Mr. Briggs explained that more of the land will be used and the pond will be deeper to hold more water and a solid fence will be installed between this area and adjacent properties with ground level landscaping and cypress trees.

Mayor Anderson amended his motion to provide a plan with landscaping and north, south, east and west section of what the area will look like to the adjacent property owners prior to second reading. (Withdrawn)

Motion made by Commissioner Sullivan to amend the motion to require submittal of plans for the pond including elevations, materials (for the edge of the pond and the fencing aroundthe pond), and engineering drawingsof the stormwater pond showing the inverts, etc. to be provided to concerned neighbors prior to 2nd reading; seconded by Mayor Anderson.

Camille Reynolds-Lewis, Director Hannibal Square Community Land Trust, said she feels it is premature and unfair to the impacted residents to consider this without providing plans in advance of the meeting.

Mayor Anderson noted that plans were submitted to city staff but not distributed and that more detailed plans may delay second reading to allow time for the applicant to meet the conditions of approval.

Commissioner Weaver returned to the meeting at 7:01 p.m.

Upon a roll call vote on the amendment, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted yes. Commissioner Weaver voted no. Motion carried unanimously with a 4-1 vote. Commissioner Weaver was absent.

Upon a roll call vote on the main motion as amended, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

12) City Commission Reports Commissioner Sullivan - • Said Orange County passed a new fertilizer ordinance to protect lakes from run-off of fertilizer. He asked staff research how to enforce ordinance that protects lake from run-off. Agreed by consensus. • Asked for an update on staff’s research into establishing a community response team similar to Orlando Police Department. He cited OPD statistics on the program and asked that the city consider this program. Chief Volkerson said they have contacted OPD and are waiting for its final report to consider for the city.

Commissioner DeCiccio - • Asked for an update on the status of additional parking at Events Center. Mr. Knight said he was advised by Mr. Finfrock that it is not feasible to add floors to parking garage across Harper Street and that the city is exploring a temporary lease with Seacoast Bank for overflow parking. Comstock Avenue parking construction will start late spring. • Suggested that the city consider community service officers positions take minor accident reports or driver exchange and other tasks to free up officers. Chief Volkerson said this has been discussed in the past but would look at the program.

Commissioner Cooper – No report.

Commissioner Weaver - • Thanked Fire Department paramedics for their care. • Asked staff to look at the cost for an air-conditioned restroom trailer at the Farmers Market with a handicap ramp for the summer if the Market remains at West Meadow. Mr. Seeley said he will provide costs for port-a-lets versus the trailer.

Mayor Anderson - • Spoke about electric rates and customers that may have a financial problem. He asked for consensus to allocate $100k from ARPA funds for a power-bill assistance program.

Mr. Knight advised that there is a program through United Way which the city contributes to in order to assist customers. Mayor Anderson suggested adding this to the next agenda as a discussion item to determine to allocate funding possibly to underwrite UW program.

Wes Hamil, Finance Director, noted that the UW program has a balance of about $55k to assist Winter Park customers but are not seeing a large demand. Mayor Anderson asked for report on marketing and information on the plan.

13) Summary of Meeting Actions • Recognized Don Palladeno for his contributions to the community. • Confirmed Tim Volkerson as Chief of Police. • Tabled the Declaration of Restrictive Covenant for the West Meadow until additional information is provided on the ordinances in 1999 and 2002. • Approved the Consent Agenda. • Staff to work with the UAB chairman to begin developing a strategic plan for water and wastewater and electric utilities. • Denied appeal of tree removal permit denial. • Approved suspension of COVID testing changes and returning to in-person meetings for all advisory board beginning April 1st. • Approved WPHS use of the city hall and Farmers Market parking lot for fundraiser during the 2022 Art Festival and directed staff to work with Parks and Recreation Advisory Board to develop a process for future use of public lots for fundraisers. • Adopted ordinances for annexation, land use and rezoning of 1471 Harmon Avenue. • Approved continuance of Winter Park Village request to March 23rd. • Tabled Winter Park Christian Church request to March 9th. • Approved Z Properties request with conditions and to provide plans to neighbors and the city.

• Staff to review Orange County’s fertilizer ordinance and address the city’s

enforcement of the ordinance.

• Police Department to look at a community response team once Orlando’s program

report is released on March 17th.

• Staff to continue looking at parking issues at the Events Center.

• Staff to research having community service officers.

• Staff to look at cost of air-conditioned restrooms at the Farmer’s Market.

• Staff to providea report on United Way’s financial assistance program for electric


The meeting adjourned at 7:28 p.m.

Posted to on March 27, 2022.

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