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HomeMy WebLinkAbout_2001 03 21 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP MARCH 21, 2001 I. CALL TO ORDER This Workshop of March 21, 2q01 ofthe City Commission was called to order by Mayor Paul P. Partyka at 6:49 p.m. in the City Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708.) ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present II. REGULAR A. City Manager Requests The City Commission Conduct A Workshop To Consider New Information About Respite Centers Gained From A Fact Finding Trip To The J.C. Lewis Health Center In Savannah, Georgia. Brief introductory comments were made by Members of the Commission regarding time limits for "Public Input." "I WOULD LIKE TO MAKE A MOTION TO SUSPEND THE RULES IN THIS WORKSHOP, IN LIGHT OF THE NUMEROUS PEOPLE THAT HAVE COME FORWARD TO TELL US WHAT THEY THINK OF THE PROJECT, I WOULD LIKE TO HEAR FROM THEM." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. Mr. Ronald W. McLemore, City Manager suggested that the Commission hear from the people who went on the site trip; then to hear from the applicant, and then open the meeting up to the general public. He also mentioned that this is a "fact-finding" Workshop, and not a "Public Hearing;" and that everyone is here to gain insight and a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-MARCH 21,2001 PAGE20F11 better understanding of this matter. The consensus of the Commission was that they were in agreement with the City Manager. Mayor Partyka recognized Seminole County School Board Member Diane Bauer who was in attendance. Commissioner Robert S. Miller began with comments regarding his trips to Respite Centers in Savannah, Georgia and Christ House in Washington D.C. Photographs ofthe Savannah, Georgia Respite Center were shown to those in attendance. Commissioner Cindy Gennell then spoke about her visit to the Savannah, Georgia Respite Center. In terms ofthe Respite Center that is being proposed for this community, Commissioner Gennell mentioned that the Cross-Seminole Trail would run in front of this establishment; and that it would be adjacent to the Spring Hammock Reserve Center. Mr. Charles Carrington, AICP, Community Development Department Director addressed the City Commission and stated that "On January 2, 2001, preliminary plans were filed with the City for a proposed Respite Center in the Winter Springs Industrial Park. It was filed by, HCCH Respite LLC from Orlando. Subsequently on January 16,2001, the Staff Review Committee held a preliminary review on their plans. On February 2, 2001, the applicant submitted architectural plans for a courtesy review. Those plans are still being reviewed. " Mr. Carrington then discussed his view of the Savannah, Georgia Respite Center that he toured. Chief of Police, Daniel 1. Kerr referenced a photograph of the parking lot of the Savannah, Georgia Respite Center and spoke of the tour that he took. Chief Kerr addressed the difference of the proposed location in our City and the location where the Respite Center is located in Savannah, Georgia; and mentioned his concern with the Grove Counseling Center, the proposed new school site, the Cross-Seminole Trail, and public safety issues. Tape I/Side B Commissioner Miller then gave a comparison between the two Respite Centers that he visited, and the homeless population. Additionally, Commissioner Gennell then spoke of three telephone interviews that she made to Respite Centers in Chicago, Illinois; Pittsburgh, Pennsylvania; and Indianapolis, Indiana. Her findings were that all of the Respite Centers exhibited the same type of situations that she viewed in Savannah, Georgia. Dr. Ted Hamilton, Senior Medical Officer of Florida Hospital: spoke of the issues of the homeless; and that this facility would enable care to be given to ill homeless individuals. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE 3 OF 11 Ms. Jean Walters, Critical Care Nurse of Florida Hospital: is a resident of the Highlands subdivision; and spoke of being concerned with her community and discussed what a Respite Care Center provides. Commissioner Edward Martinez, Jr. asked, "Will your institution be receiving a staple from the government for the treatment of these people?" Ms. Walters responded, "Not at this time." Commissioner Martinez then inquired, "Whenever you offer treatment?" Ms. Walters stated, "No, there will be no government funding." Commissioner Martinez then asked, "No kind of pay for anyone?" Ms. Jean Walters advised, "I am going to refer that to someone else as far as the funding." Ms. Sally Pickering, Critical Care Nurse: mentioned that she had visited various Respite Centers and that each is "unique;" spoke of "misinformation" on flyers; and discussed the proposed facility. Father John Bluett, St. Stephens Catholic Church: advised those in attendance that "St. Stephens is not a co-partner in this" and discussed his role in raising funds for this project. Father Bluett then spoke of developing a different Respite Center, than the others that have been mentioned. Commissioner Martinez asked, "Could this Respite Center have been - developed to the rear of the church where you hold that extra land?" Father Bluett replied, "If there was enough property there, and if it was zoned correctly like this property was zoned correctly, we would have no objection to it." Mr. Kevin Cannon, Volunteer Attorney for the Homeless Clinic: stated that they are willing to hold a meeting with the City Attorney and the Staff to discuss the concerns the City would like included in a development agreement. Commissioner Miller then addressed the issue of patients leaving on their own, and funding problems. Commissioner Miller then explained that some of his concerns are: "What kind of reassurances could we ask for" regarding patients leaving the facility, even if a patient signed an agreement for care. Commissioner Miller further asked, "In the case of our community, the question arose that where would they go if they just walked out the front gate? So what would your Respite Center do in that case? Forcibly detain the person? Put them in a vehicle and drive them someplace? And if that were the case, to what place would they be driven? I'm not looking for an answer from you this evening, I am just raising some of these questions, which are a very serious concern to us, as elected officials." Additionally, Commissioner Miller asked about the funding and inquired, "Is there going to be some kind of a discussion on what happens ifthere is no money, and all of a sudden you have to just start accepting people that walk in because they may be able to get federal funding. I was informed by some - people that are in favor of this, that many of the folks that would be admitted would be Veterans, who would be eligible for programs CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 2],2001 PAGE40FII that they would be eligible for under the Veterans Administration, and other kinds of funding that would go to ex-Military personnel who needed your type of service. So, if these folks were to walk in, would they then be denied or would you say yes, we need to do this, because funding is a problem and we can service this person if we agree to take federal funding." Mr. Paul McGlom, President of the Heath Care Center for the Homeless: advised those in attendance that the clinic is "Funded totally from hospitals that support us." Mr. McGlom further stated that "Foundations supply us with substantial gifts. You continually apply for those." Additional organizations and churches were also mentioned as funding sources. Mr. McGlom added, "It's not just homeless that can qualify for this facility. It is also individuals that are discharged from hospitals, having had cancer; you know, it's serious infections, whatever, for those who are poor, with no caregiver at home. If you're homeless, you know, its back to the streets or the woods. If you're poor and have no caregiver at home, and nobody to care for you during that period of time, they too will qualify for this facility and be given treatment as well." Mr. McGlom then stated that "Financially Sir, we won't open the doors until we are very sure that funding is secured." Mayor Partyka asked, "What happens on release? How do you get released? Walk-in, all that? How do we protect that from a legal standpoint." Ms. Pickering: "This is not a walk-in facility; and the patients do have to be referred. They will be transported to the Center. They will not be dropped off. They will not walk-in, they will have to be transported after they go through the criteria. When they are discharged, and I know the question was, 'What if they want to walk out.' We've been dealing with this population for a long time, and the clients, when they are - they sign an agreement when they come in that states that they have to stay in the facility until their medical plan of recovery is complete. If they decide to leave prior to that, they will be transported to a facility, to a shelter. We have linkage agreements with all the area shelters; with area facilities that we will transport them out. They will sign the agreement that they cannot walk off the facility." Ms. Pickering further stated, "They will be transported out. They won't be allowed to walk off, they really won't want to walk out. There is no place to go. There is no place for them to go." Commissioner David W. McLeod asked Attorney Cannon about a scenario where a patient in your facility wants to leave, and does not want to go to another facility that is offered, and asked, if you can "Contain those people?" Attorney Cannon responded, "We can not forcibly detain someone." Further discussion. Deputy Mayor McLeod then stated, "There really isn't anything that we as a group can do to prevent anyone of these citizens - from walking out of your facility when they so desire to do that - by law." Mr. Cannon responded, "You're right, legally, we could not - we could not restrain them, anymore than Chief Kerr, ifhe was sitting out in the parking lot of the facility." Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE50FII Mr. Cannon further spoke about the draft Development Agreement and added, "No patients with Tuberculosis or other active infectious diseases will be treated. Weare ready to sign off on that. We have already submitted that. That we would not make this - this will not be a detox facility. We will not turn around and lease out the beds to drug addicts that are going through a detox program and then wonder why we have problems of drug paraphernalia in the facility." Commissioner Martinez spoke of the releasing of homeless clients and asked, "Where do you intend to drop these people off?" Ms. Pickering explained various programs and spoke of places for homeless, shelters, and missions. Ms. Pickering then said, "If the clients do not choose one of these facilities, then they go back to their camp." Commissioner Martinez then inquired, "Why did the City of Sanford reject this project?" Commissioner Martinez then spoke of the homeless; funding; and that there are better sites for such a facility. Discussion. Commissioner Michael S. Blake then spoke of his concerns, and asked "How can we best help these people in need? Are they better served by having a facility such as this, just a few hundred feet from a school yard populated with 800 or 900 young people, who themselves are trying to learn how to be productive citizens? Is that really the best place for this type of endeavor? Are these people in need best served by a facility such as this, located just a block away from what will really be the premier park in central Florida? The Trail. Currently we have thousands of people a day, families getting out, being together, being good citizens. How can we best serve these people by having this facility a block away from that landmark? How can we best serve these people by having this facility two (2) blocks away from a neighborhood, where young working families are trying to raise their children and teach them to be productive citizens? How can we best serve these people in need by having a facility that is a good twenty 20 miles away from where the population in need exists?" Commissioner Blake then asked, "Why here? Why not even a better place where you can do an even better job, and help even more people, because I think that place exists." Manager McLemore then asked the following, "Whom do you intend to serve? Do you intend to serve those people who have lost their job and they need a place to live till they get another job? Or do you intend to serve the chronically homeless who have made a conscience decision to basically, be homeless?" Mr. McLemore then inquired, "Who do you define as homeless in terms of that population that you are going to serve? Is it everything homeless? Is it only those people that are short-term with an unfortunate turn of luck? I'd like to know the answer to that. Manager McLemore then referred to Commissioner Blake's statement and asked, "If you are going to be serving the chronically homeless, then why here?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE 6 OF 11 Additionally, Manager McLemore asked "Can you legally stop the people who are referred to this facility from having visitors? Manager McLemore asked for an answer to this question. Further, Manager McLemore asked, "When you have funding - totally from these types of sources, what really happens when we have an economic downturn, and people aren't able to give anymore. How do you deal with the staffing? Do you have contingency plans for paying people, staff people, when people aren't giving anymore? What guarantee can you give to this community, that there will be adequate staffing and care for these people, when - you're basically accepting private donations? Manager McLemore next asked, "Have you really run a Respite Center before? Can you bring to us your personal experiences of running a Respite Center?" Furthermore, Manager McLemore asked "Do you really have the experience that says, these are - we have overcome the day to day nuts and bolts kind of problems and issues that this type of facility may - have to handle on a day to day basis? Lastly, Manager McLemore inquired, "Would you support this facility two (2) blocks from your house?" Dr. Hamilton replied and said, "With the time allotted tonight, it is impossible to do justice to all of the questions. I think our preference would be to allow the community to speak and respond to the questions from the Commissioners and from the community at another time." Discussion ensued over the questions asked by the Commission, and getting answers. Dr. Hamilton responded to the question of "Is this the best location, the right location?" and said, "It may not be. It may not be. The truth is that there's probably not an ideal location for a service of this nature." Dr. Hamilton then said, "The truth is that every location has advantages and disadvantages. This happens to be the property that we own. " Dr. Sherry Brooks, Doctor for the Heath Care Center for the Homeless: discussed the individuals that this Respite Center would serve. Further brief discussion followed on other agencies that provide additional and related servIces. Tape 2/Side B Mayor Partyka asked, "Can you legally have visitors?" Ms. Pickering stated, "When the clients enter, they give us a list of people who we can give information to over the phone, or who may possibly come to see them. It can only be a relative at that point." Ms. Pickering then said, "Those visitors will be in the community room, within view of the central desk. This is a confidentiality - these clients names - if somebody calls and asks if this client is in there, unless we have that persons name given to us by our client, we can't give out any information." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-MARCH 21,2001 PAGE 7 OF 11 Mayor Partyka then asked, "On funding, what happens if the economy really goes bad? How do you guarantee staffing and funding?" Mr. McGlom answered this inquiry and said, "In weak economies, actually the money sometimes is actually increased. There's less people really applying. The downswing in the economy isn't in effect when you have a solid well-balanced funding base. The spokes on our wheel, we don't go for any more than a small percentage of funding from anyone source." Commissioner Gennell reiterated a question previously posed by the City Manager, "What is your experience and your track record in running a Respite Center?" Mr. McGlom responded, "We haven't hired all of the staff for that yet." Mr. McGlom then introduced the Case Manager, Willie Gain, who would be in charge of the desk. Mr. Willie Gain, Case Manager: sp'oke of his work with the homeless population. Mr. Gain then discussed the outcome of some recent research on the homeless in Orange County, which was done by the University of Central Florida. Mayor Partyka asked the question posed by Commissioner Martinez, "Why did Sanford reject this Center?" Father Bluett stated, "Sanford did not reject the facility there. We considered purchasing the Helig-Meyers building for this purpose, and as we got more into the facility, we found it had no sewer - there were just multiple problems, and we withdrew from Sanford." Mayor Partyka asked Commissioner Martinez's question on the introduction of drugs and the proximity to public schools. Dr. . Hamilton stated, "We would make and will make every effort to number one (1), screen the clients; number two (2), transport them both to and from the facility; and these people, by and large are people who are by definition recovering from an illness, and when they've recovered, they will be returned to the area where they came from or - to another shelter." Mayor Partyka reiterated the City Manager's question, "How can you prevent what other facilities could not prevent?" Manager McLemore clarified, as to "Chronic diseases and communicable diseases?" Dr. Hamilton stated, "Every person who is admitted to this facility will have been seen in a clinic or hospital." Manager McLemore then asked, "Would that include - substance abuse problems too?" Dr. Hamilton stated, "That's correct. Yes. " Mayor Partyka opened the "Public Input" portion of the Workshop. Mr. Larry A. Birch, Grove Counseling Center: spoke of his history of working with the homeless and the programs held at the Grove Counseling Center. Mr. Birch made the statement, "The two groups are not compatible. There will be encampments along your Trail; there will be visitors; there will be a huge influx, I've run these programs, there will be an influx of homeless into Seminole County and Winter Springs, like you haven't seen before. And that's a reality." Mr. Birch then stated, "I do know that it's incompatible in my neighborhood, and I'm a 'NIBY' for the first time; where I am CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE80F 11 responsible for fifty (50) or sixty (60) young lives. There will be influences coming into that neighborhood that I fear will be very harmful and detrimental to those young Seminole County lives that you are trying to help salvage." Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: did not appear to be in the audience when her name was called. Mr. Dan Hardester, 309 Montrose Street, Winter Springs, Florida: spoke in support of the proj ect. Ms. Sally McGinnis, 510 Club Drive, Winter Springs, Florida: spoke of her previous community service and felt that the City of Winter Springs cannot provide the most basic services and that such a Center would alter this City drastically. Ms. Maureen Landgraf, 704 Silvercreek Drive, Winter Springs, Florida: did not appear to be in the audience when her name was called. Ms. Mary Cooley, Highlands Subdivision, Winter Springs, Florida: said she would be in favor of this Respite Center in another community, but not in Winter Springs. Ms. Eleanor Monroe, 314 Bridie Court, Winter Springs, Florida: advised the Commission that she feels "very strongly against this." Ms. Shirley P. Schwartz, 224 Albert Street, Winter Springs, Florida: did not appear to be in the audience when her name was called. Mr. James Walters, 1105 Northern Way, Winter Springs, Florida: complimented the Commission for their questions and explained a bad experience that he had with a homeless man he had tried to help and that "intents" change. Mr. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: as a former emergency room nurse, Ms. Laub said that this proposed Respite Center does not belong in Winter Springs, was opposed to this project. Ms. Tammy Rode, 617 David Street, Winter Springs, Florida: did not appear to be in the audience when her name was called. Mr, Donald James, 221 Sherry Avenue, Winter Springs, Florida: addressed his concerns with the restrooms at the surrounding parks should the homeless be integrated in this area, and was opposed to this project. Mr. Ballassona, 318 Pawnee Trail, Winter Springs, Florida: was concerned with such a project and thanked the Commission for the job they were doing and stated, "Keep it up!" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP-MARCH 21,2001 PAGE 9 OF II Mr. David Attaway, 218 Wade Street, Winter Springs, Florida: asked what the percentage of homeless was in the City of Winter Springs and stated his opposition to this proj ect. Ms. Christine Mil, 216 Tavestock Loop, Winter Springs, Florida: did not appear to be in the audience when her name was called. Mr. Ballassona, 318 Pawnee Trail, Winter Springs, Florida: Mr. Bellassona again spoke and asked that help be give to Senior Citizens instead of the homeless, as the elderly need our assistance, especially with medications. Ms. Kim Doran, 221 Charles Street, Winter Springs, Florida: did not appear to be in the audience when her name was called. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke on behalf of the Tuskawilla Homeowners Association and stated that the Homeowners Association is opposed to the location of this Respite Center and the lack of needed services. Mr. Khemlani then spoke of the Mayor's involvement with the sale of the property. Mayor Partyka stated, "Let me correct one fact. I Was the agent for the owner of the land, not for the Respite Care Center." Ms. Diane Walters, 1105 Northern Way, Winter Springs, Florida: agreed with the previous comments by those in opposition and stressed "We must protect our children." Tape 3/Side A Mr. Jack Meagher, A Budget Tree Service, Winter Springs, Florida: spoke of finding the homeless people in the woods at the back of his property, and that he feared leaving his wife alone in the house, and was opposed to the Respite Center. Ms. Amy Kennerknecht, 45 South Devon Avenue, Winter Springs, Florida: thanked the Commission for letting the public speak. She stated, "I will walk this entire City of Winter Springs with a petition, for this not to happen within our City." Ms. Nora Zremba, 4225 Sunnybrook Way, #103, Winter Springs, Florida: stated she is a travel nurse and was once homeless. Ms. Zremba asked what it took for the Grove Counseling Center to be situated here, and commented on medical care and care for the homeless. Mayor Partyka closed the "Public Input" portion o/the Workshop. Manager McLemore stated, "There was a representation that I had stated in this meeting that this property was properly zoned. I did not state in this meeting that this was properly zoned." Manager McLemore further spoke on the zoning and stated the two possibilities are: "We would find - that yes, this is properly zoned, based on the new CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE 10 OF 11 information we have. At that point in time, there is a possibility of entering into some type of development agreement; some type of scaled down program; or straight forward, as they would prefer to go." Manager McLemore further stated, "The City Attorney has advised you we do have a right to oppose some additional types of regulations even if it is properly zoned, and that's what we were working with, in terms of the development agreement that was talked about. Secondly, if we find that the - answer to the zoning question is no, then you are faced with an issue of, 'Do you want to look to your Land Use Plan, or Comprehensive Plan and create a condition under which you could create a zone for this type of facility. To do that you would have to basically cross three bridges. One, to be consistent with your Comprehensive Plan, you would need to establish that there is a need for this type of facility. In other words, you would go through - a similar Public Hearing process that you went through in developing your Comprehensive Plan to state that there is a need here to be served. A second test would be the Compatibility test. The Compatibility test in its very simplistic form would say 'Is this use value added to this community?' In other words, if we allow this to happen at our place, is it going to add value to its' surroundings; have no effect on it's surroundings or detract in the value of its surroundings, in order to determine that that would be an appropriate use, somewhere in this community." Manager McLemore continued, finally, "You would have to address the public safety test, and make a determination that this would or would not have an effect on crime in this community; morality in this community; and the general well-being of this community. So with that three corner stool, you could, if we find from your attorney and staff, that this is not properly zoned, you could create a place for this type of facility and that would also involve obviously the type of Public Hearings that would normally be required by due process of law. So, the direction we need, basically from you, is to go back, take the information that we have gathered tonight, and make a determination relative to the appropriateness of this application, relative to zoning, and your Comprehensive Plan and to advise you of that at a future meeting. And then, based on that finding, then you will know what to do. Do nothing; go forward under some amended type of plan; or that you chose to allow things to happen with some - development agreement or type of instrument such as that. So, that is the direction we need from you, with a timing of when you want us to return to you, and we are at your discretion at this point in time." Commissioner Blake stated, "Something as specific as this, I think ought to be an official action of the Commission, an official direction. So, I think it would be best if we did that in an actual meeting situation. Agendaize it." Mr. Anthony A. Garganese, City Attorney stated, "The Commission can always give us direction. Mr. Blake is correct. You can't have any formal action at a Workshop. But certainly, any direction would be - carried out that is given by this Commission." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - MARCH 21,2001 PAGE 1 I OF 1 I Commissioner Miller requested that "Staff come back with - an outline like the City Manager identified, that we could discuss at the next City Meeting, or the one after that." Commissioner Blake, Commissioner Martinez, Commissioner Gennell, and Commissioner McLeod all agreed with Commissioner Miller's suggestion. Mayor Partyka stated, "City Manager - we'll put it on the next Agenda." Manager McLemore agreed with this. Mayor Partyka thanked the public, the applicants, and Staff. III. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONERGENNELL: AYE I COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Workshop at 10:08 p.m. RESPECTFULLY SUBMITTED: HOLLY PIERSTORFF AND :\' () f C l\L L(~~J ANDREA LORENZO-LUACES, CMC CITY CLER.I<I