Update – July 3, 2025:
Mayor McCann has called a Special Meeting for July 7 to revisit the Commission’s June 23 vote on the tree mitigation issue. He’s submitted a 50-page packet challenging the interpretation that the previously paid fee covered the entire project.
You can review the full documentation here:
View the Mayor’s Special Meeting Packet:
We encourage residents to stay informed and review the facts for themselves.
Setting the Record Straight: The Tree Mitigation Fee Was Paid—Not Waived
Recently, Mayor Kevin McCann claimed that the City Commission voted to “waive” a $277,400 tree mitigation fee owed by a developer. That’s not only incorrect—it misrepresents both the facts and the vote.
Let’s be clear: the mitigation fee was not waived. It was paid. And more importantly, it was paid for the entire project, not just a portion or initial phase.
The Real Issue: Was the Fee for the Whole Project or Just the First Phase?
The discrepancy at the heart of this issue lies in the legal interpretation of development agreements from 2015 and 2017. The question before the Commission was this:
Did the previously paid tree mitigation fee apply only to the “Initial Phase” of the project, or did it cover the “Project” which was for the entire development site?
That was the focus of our discussion. It was never about whether the fee had been paid—it was about which part of the project it applied to.
Also, let it be noted that the Arbor Application that was submitted February 2025 was to Protect the large 52″ oak specimen tree on the corner of Michael Blake and SR 434 which will be forever protected and will not be torn down during development, and a barrier will be erected during construction for protection.
A specimen tree is a tree that’s intentionally singled out for its beauty, rarity, or unique form to act as a focal point in a landscape.
What the Financial Records Show
The developer made two tree mitigation payments:
- $16,160 in February 2017
- $133,500 in July 2018
Together, those payments total $149,660, and both were documented and acknowledged by city staff.
During the meeting, I pointed out that the legal description in the mitigation documentation references 45.687 acres, clearly indicating that the fee was calculated for the entire project, not just a smaller segment.
What the Motion Actually Did
At the meeting, I made a motion to clarify that the previously paid fee covered the full project. It was not a motion to waive fees or forgive an outstanding balance.
Here’s what I said on the record:
“I would not make a motion to say that we’re going to waive a fee… I make a motion that we acknowledge that the tree mitigation has been paid with proof of payment for this project, which will take care of the entire project and not just the initial phase.”
This motion passed with a majority of the Commission, following discussion and legal input that confirmed the development agreements supported this interpretation.
Even the Mayor Corrected Himself
Despite using the word “waived” repeatedly in his public statement, Mayor McCann was corrected during the meeting:
“Not waived, Mayor.”
“Oh, I’m sorry. I’ll stop using that word…”
That correction matters, because the language we use shapes public understanding—and in this case, the public has been misinformed.
Why It Matters
This was not a giveaway. It was not a rollback of environmental protections. It was a clarification of an agreement that the City had already accepted and that the developer had already paid for—years ago.
I remain fully committed to protecting Winter Springs’ environment and upholding its identity as Tree City USA. At the same time, I believe in fairness, accuracy, and transparency in how we govern.
Our residents deserve facts—not fear.
Victoria K. Bruce
Commissioner, District 2
Winter Springs, Florida
