HomeMy WebLinkAbout_2008 04 04 City Commission Special MinutesCITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING
APRIL 4, 2008
CALL TO ORDER
The Special Meeting of Friday, April 4, 2008 of the City Commission was called to
Order by Mayor John F. Bush at 4:00 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Mayor John F. Bush, present
Deputy Mayor Donald A. Gilmore, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Sally McGinnis, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
REGULAR AGENDA
REGULAR
600. Office Of The City Manager
Discussion Of Bart Phillips' Project.
Mayor Bush stated, "Commissioners, make sure that you have the Agenda Item that says
`601'. This one -Andrea [Lorenzo-Luaces, City Clerk] mentioned that the original had a
numbering problem."
Ms. April Boswell, AICP, Planning Director, Harling, Locklin & Associates, Inc., 850
Courtland Street, Orlando, Florida: introduced her client and addressed this Agenda
Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
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CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
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On the issue of the proposed wall and plantings, Commissioner Sally McGinnis asked,
"Whose responsibility is it to maintain that?" Ms. Boswell said, "The responsibility of
maintaining that is Seminole County. We are working on an agreement with them as far
as how that is going to work as well as a few other things. So, what we've worked out
with them is that they agreed to plant and maintain that. We still want to be a good
corporate and community partner in that. That being said, the Property Owner Mr. (Bart)
Phillips does have a watering truck, so he is able and ready and willing to help water that
if need be, especially to get it jump started; so, it gets a good start."
Discussion.
Deputy Mayor Donald A. Gilmore asked, "Why aren't we putting a joint retention area
out between this planning area and the street?" Mr. Brian Fields, P.E., City Engineer,
Public Works Department responded, "The roadway drainage from [State Road] 419, the
DOT (Department of Transportation) has their own swale system -the roadway Swale
system is out here. This is just for the Trail run-off -would go into this swale over here.
It wouldn't take any run-off from the road. Totally separate drainage for the road. It
would not impact the Trail. They have to have their own separately owned and
maintained."
With further discussion, Mr. Fields said, "The drainage for the Trail stays in the Trail
right-of--way. The DOT's (Department of Transportation) drainage stays in the DOT's
(Department of Transportation) right-of-way."
Much discussion.
City Manager Ronald W. McLemore spoke for the Record about his concerns related to
landscaping and irrigation.
Mr. Bob Goff, Special Projects Director, 419 Metal and Auto Recycling Center, 600 Old
Sanford-Oviedo Road, Winter Springs, Florida: remarked, "We do have a request in, in
this Plan, to put a warehouse on Lot..." Manager McLemore said, "...A warehouse
doesn't bother me..." Mr. Goff stated, "...33 and 34." Manager McLemore then stated,
"But those are typical `Light Industrial' kind of `Uses'."
Next, Mr. Goff explained, "We have never even considered putting auto salvage up there
in any way, shape or form -and if you rezone it, of course, you could classify it for the
entire range of `Uses'. We're certainly not intending to do that and if there is some sort
of a caveat for those 33, 34 and 35, we'd be more than happy to put that in a
Development Agreement." Manager McLemore said, "Well, I just pointed that out -
something that can be worked out."
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SPECIAL MEETING -APRIL 4, 2008
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Continuing, Mr. Goff noted, "We can restrict those three (3) lots - we can certainly put
those three (3) lots -put it in the Development Order that we'll not allow the salvage
operations that you're concerned about because it's not our concern or intent to move
them there." Mr. Goff added, "Any kind of a restriction on 33, 34, and 35 to eliminate
that, would be agreeable."
Mr. Fields further addressed the City Commission and an aerial view of the property site
was shown.
Discussion.
Tape 1/Side B
Further discussion ensued.
Mr. Bart Phillips, 419 Metal and Auto Recycling Center, 600 Old Sanford-Oviedo Road,
Winter Springs, Florida: said, "On the CSX, if we want to have a roadway to go across,
you have to close three (3) other crossings to make that happen. So, it will take a very
long time to get something like that accomplished. For the Trail to go through, I have
already contacted CSX and they said for the crossing for people, it shouldn't be much of
a problem to get it done and they want me to get back to them to start working with them
to get it done."
Mr. Fields continued with his comments and remarked, "Based on the RV (Recreational
Vehicle) and boat storage concept, that is not a high traffic generating `Use' -but it's still
an issue that they would have to take up at the design stage. Maximum cul-de-sac length
from the Site Plan, it was about 1300 feet was the cul-de-sac length, the maximum
allowed by our Code is 800 feet. So, that would have to be a deviation that would be
incorporated by Developer's Agreement."
Discussion.
City Attorney Anthony A. Garganese mentioned, "One other alternative that we could do
under the existing Code is -it's called a Restricted Re-Zoning process. We may be able
to craft - an Ordinance that would allow the proposed `Use' for the storage of
Recreational Vehicles, Boats, and Trailers, as either a `Permitted' or `Conditional Use'
under `C-2 Zoning' and re-zone the property accordingly and impose restrictions on that
re-zoning according to your Code."
Further discussion.
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CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
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Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
addressed the City Commission.
With further comments, Ms. Boswell said, "For the wall, we are proposing a concrete
finish and then of course the plantings incorporated over that."
Mr. Goff explained, "We're working on a partnership with the County as far as who is
responsible for the fig and who is maintaining it. We're asking the County to take care of
that, even though the plant bodies themselves are going to be right on the property line.
The wall actually is going to sit about -fifteen to eighteen inches (15 - 18") inside of the
property line because the footer extends out into -within three inches (3 ") of the property
line."
Furthermore, Mr. Goff noted, "It's going to be a phased in over aforty-two (42) month
period that this wall comes up out of the ground; the creeping fig comes up out of the
ground; and then the County comes in and takes out -whatever trees that they're going to
take out and I'm not sure that in -that ten foot (10') area along the front, judging from
where I've seen the property line to be, that there will still be some of those blackjack
oaks and scrub oaks that will be left in that ten foot (10') area, that they will just
supplement. All of that is not going to be clear-cut, or shouldn't be; but again, that is an
agreement that you're going to make with -Seminole County. Once we give them the
property, that's between you and them and how you determine in working with the
County, on how that Trail is going to be designed."
Discussion.
Mr. Antoine Khoury, P.E., Assistant County Engineer, Seminole County Public Works,
520 West Lake Mary Boulevard, Suite 200, Sanford, Florida: addressed the City
Commission.
Further discussion.
Tape 2/Side A
With additional discussion, Ms. Boswell stated, "We are interested in working with the
City on the Restricted Re-zoning Process and we're amenable to exploring that and
working out the issues."
Manager McLemore asked, "What is the timeframe, you think Anthony [Attorney
Garganese] for going through the appropriate Ordinance changes or Land Use changes,
Comp[rehensive] Plan changes, that kind of thing?"
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Attorney Garganese responded, "Both approaches would require a Hearing before the
Land Planning Agency. There would be a series of Ordinances that they would have to
consider and make a Recommendation to you before you can have your first Hearing.
And then you would have a - possibly a series of Legislative changes, where you change
the Text to the Code and then you can have a series of Quasi-Judicial Hearings where you
actually re-zone specific pieces of property. So, you're looking at, probably best case
scenario, and plus you are going to need an Application of course, of sixty (60), ninety
(90) days, maybe one hundred and twenty (120) days on the long end, if everybody does
their part and moves this forward."
Manager McLemore then inquired, "Is it the Consensus of the Commission that you
would start on this restricted Zoning Ordinance or is there a Consensus there? We need
to get that first decision point that allows us to move." Commissioner McGinnis said,
"Yes."
"I MOVE WE PROCEED WITH THE RE-ZONING EFFORTS AS ANTHONY
[GARGANESE) JUST OUTLINED." MOTION BY DEPUTY MAYOR
GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER McGINNIS NOTED, "RESTRICTED."
VOTE:
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Commissioner McGinnis asked, "Would this cover - a Motion for you to bring back to us
alternative, creative methods?" Attorney Garganese replied, "Well, one you would
actually direct a Text change to your `Non-Conforming Use' Code, that's the latter
option. The other option would be your preference -would be to actually make this
`Use' an authorized `Use' in the `I-1 Zoning' District; and that would apply to everybody
who has that Zoning designation. A recycling facility would be a `Permitted Use'."
Mayor Bush asked, "What is the creative one?" Attorney Garganese explained, "There
are a couple of schools of thoughts regarding `Non-Conforming Use', `Non-Conforming
Uses', generally the rule is to encourage that they go away someday and you just
basically let them exist as they currently are.
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There is another school of thought - `Well that is great', but these `Non-Conforming
Uses' can go on forever unless you amortize them. So, from a matter of public policy,
sometimes it makes good sense to allow these `Non-Conforming Uses' that are here to
stay, to come in and modify their Site Plan to make it more compatible and more -
economically viable in their particular situation. And, we don't currently have any
regulations on the books that would allow the modification of `Non-Conforming Uses'
under those limited circumstances; but we could craft some regulation that opens the door
to allow somebody to come in from a Special Permit standpoint and make their `Non-
conforming Use' site more compatible."
Manager McLemore mentioned, "That second alternative gives the Commission more
control."
Attorney Garganese added, "It's your call. I mean it doesn't open the door for -another
recycling facility in any of your Industrial areas. If that's not an issue for you then you
make it a `Permitted Use' for all - or a `Conditional Use' for all."
Discussion.
Manager McLemore noted, "I would just want to try to expedite things. Maybe if you
could give Anthony (Garganese) the go ahead to develop that Ordinance language and
bring it back to you for review." Commissioner McGinnis said, "Good."
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY
ATTORNEY TO COME BACK WITH THE DIRECTION THAT WILL ALLOW
THE APPLICANT TO DO EXACTLY WHAT HE NEEDS TO DO; WITH ALSO
SOME CONSIDERATION AS TO THE VALUE OF HIS BUSINESS AND
PROPERTY AT THE TIME OF SALE; SO THAT WE CAN MAKE A DECISION
AS TO WHAT THE MOST FAIREST THING TO DO FOR THIS BUSINESS
OWNER IS." MOTION BY COMMISSIONER BROWN.
ATTORNEY GARGANESE MENTIONED, "SECOND ALTERNATIVE,
GETTING WITH THE..." COMMISSIONER KREBS SAID, "...WAS THAT
THE CRAFTING? DOES THAT MEAN THE CRAFTING OF SOMETHING."
SECONDED BY COMMISSIONER KREBS. DISCUSSION.
COMMISSIONER KREBS ASKED COMMISSIONER BROWN, "ARE YOU
TALKING ABOUT WHAT ANTHONY (GARGANESE) WAS TALKING
ABOUT, CRAFTING SOMETHING SO THAT THE COMMISSION RETAINS
CONTROL AS TO IF SOMEONE DOES COME IN, THEY CAN ALLOW
SOMETHING IF THEY SO CHOOSE, BUT IF THEY DON'T - IS THAT WHAT
YOU WERE..." COMMISSIONER BROWN SAID, "...NO. IT IS NOT."
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SPECIAL MEETING -APRIL 4, 2008
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ATTORNEY GARGANESE NOTED, "IT WAS TO ADDRESS THE EXISTING
`USE'." COMMISSIONER BROWN SAID, "RIGHT. I WANTED TO MAKE
SURE THAT WHATEVER WE SET IN AN ORDINANCE, OR THAT ANTHONY
(GARGANESE) COMES BACK WITH A PROPOSAL FOR AN ORDINANCE, IT
ALLOWS BART (PHILLIPS) TO DO WHAT HE NEEDS TO DO ON THE
PROPERTY, CONDUCT HIS BUSINESS, GROW IT, EXPAND IT, BEAUTIFY
IT IN A WAY THAT WILL NOT INJURE HIS ABILITY TO SELL THAT
BUSINESS AT SOME POINT IN THE FUTURE.
IT IS A FREE ENTERPRISE, AND I CERTAINLY DON'T WANT THE
COMMISSION IN A POSITION OF BART (PHILLIPS) LOOKING FOR A SALE
FOR THAT BUSINESS, AND SOMEBODY INTERESTED IN BUYING THAT
BUSINESS AND CARRYING IT ON BECAUSE BART (PHILLIPS) IS
ABANDONING THAT BUSINESS THROUGH SALE, NOT BEING ABLE TO
DO THAT WHICH WOULD AFFECT HIS LONG TERM ABILITY TO
REALIZE GAIN ON THAT BUSINESS."
COMMISSIONER KREBS MENTIONED, "SO, THEN YOU ARE JUST
LOOKING FOR SOMETHING THAT SPECIFICALLY APPLIES ONLY TO
BART (PHILLIPS)..." COMMISSIONER BROWN SAID, "...YES..."
COMMISSIONER KREBS CONTINUED, "...AND NOT TO ANYBODY."
COMMISSIONER MILLER STATED, "THE CURRENT `USE' IS `NON-
CONFORMING'." ATTORNEY GARGANESE SAID, "RIGHT."
COMMISSIONER MILLER SAID, "SO, WE ARE GOING TO MEMORIALIZE
IT AS `CONFORMING'?" COMMISSIONER KREBS SAID, "NO."
ATTORNEY GARGANESE SAID, "I THINK WE WOULD TAKE A
DIFFERENT APPROACH WHERE THERE COULD BE SOME SORT OF
SPECIAL PERMIT THAT'S ISSUED TO ACCOMMODATE THE EXPANSION
MODIFICATION, BEAUTIFICATION OF A `NON-CONFORMING USE'
UNDER CERTAIN CIRCUMSTANCES AND NOT INJURE THE PROPERTY
OWNER OR IMPEDE THE PROPERTY OWNER'S ABILITY TO SELL."
COMMISSIONER MILLER SAID, "I UNDERSTAND THAT ASPECT OF IT,
BUT WHEN THE PROPERTY WAS ORIGINALLY ZONED, IT WAS ZONED
WHAT - `C-2' OR `INDUSTRIAL'..." ATTORNEY GARGANESE NOTED,
"...`C-2'..." COMMISSIONER MILLER CONTINUED, "...AND SO AT SOME
POINT, IT BECAME A RECYCLING FUNCTION WHICH WAS NEVER
ENVISIONED FOR THAT PROPERTY - IT BECAME A `NON-CONFORMING
USE' AT THAT POINT, AND SO NOW, WHAT WE ARE GOING TO DO IS
CRAFT SOME LEGISLATION SO THAT WHEN THE APPLICANT SELLS
THE PROPERTY EVENTUALLY, HE WILL BE ABLE TO SELL IT AS
`INDUSTRIAL', `HEAVY' OR `LIGHT INDUSTRIAL'..."
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ATTORNEY GARGANESE SAID, "...HE CAN DO THAT NOW..." MANAGER
McLEMORE ADDED, "...HE CAN DO THAT NOW." ATTORNEY
GARGANESE POINTED OUT, "HE COULD SELL THAT PROPERTY NOW..."
COMMISSIONER MILLER NOTED, "...SO, WHY ARE WE THEN INJURING -
IF WE DON'T INJURE HIS PROFITABILITY..." ATTORNEY GARGANESE
SAID, "...BECAUSE RIGHT NOW UNDER THE CODE -BECAUSE IT IS A
`NON-CONFORMING USE' THERE ARE SIGNIFICANT LIMITATIONS ON
THE EXPANSION AND MODIFICATION OF THAT SITE. SO, ANY KIND OF -
IMPEDIMENT TO MAKING THAT PROPERTY MORE ECONOMICALLY
VIABLE BECAUSE OF THE RESTRICTIONS AS A `NON-CONFORMING USE'
- WHAT I'M SUGGESTING IS YOU COULD CRAFT LEGISLATION THAT
ALLOWS EXPANSION AND MODIFICATION UNDER CERTAIN
CIRCUMSTANCES, LIKE IN EXCHANGE FOR MAKING THIS SITE MORE
COMPATIBLE AND MORE VIABLE, BUT IT STILL HAS THAT `NON-
CONFORMING USE' STATUS."
FURTHER DISCUSSION.
COMMISSIONER MILLER SAID, "IF WE CHANGE THIS TO INCLUDE THE
ENTIRE AREA, WITH THE EXCEPTION OF WHAT BORDERS (STATE
ROAD) 419, ON THE - I GUESS, THE SOUTH SIDE OF THE POWER
EASEMENT, I WOULD NOT LIKE TO THINK THAT THE CITIZENS OF
WINTER SPRINGS ARE GOING TO LOOK KINDLY ON THAT -WHOLE
AREA -PLUS THE LOTS IN THE BACK TOO, IF THAT IS GOING TO BE
INCLUDED.
SO, I WOULD THINK IF WE WERE TO ADDRESS THAT AREA RIGHT
THERE, THAT IS ONE THING. SO, I THINK WHAT IS BEING SAID HERE
RIGHT NOW IS WE ARE GOING TO GIVE OUR BLESSING OR OUR
APPROVAL FOR THE ENTIRE AREA TO BE USED FOR THE SAME
PURPOSE. IS THAT NOT CORRECT? IT COULD ALL BE USED FOR..."
ATTORNEY GARGANESE SAID, "...THAT WOULD HAVE TO BE A
DECISION YOU WOULD NEED TO MAKE SOME TIME IN THE FUTURE. I
AM THINKING ABOUT PUTTING THE PROCEDURAL VEHICLE IN PLACE
THAT LETS YOU DO THE RIGHT THING; WHATEVER YOU THINK THE
RIGHT THING IS."
COMMISSIONER MILLER THEN REMARKED, "I THINK THE RIGHT
THING IS THAT BACK LOT IS WHAT I THOUGHT WE WERE TALKING
ABOUT. NOW, WE ARE GOING TO GO AND COME UP WITH SOME
VERBIAGE AND AUTHORIZE THE ENTIRE LOCATION, HIS ENTIRE
PROPERTIES TO BE USED FOR THE SAME PURPOSE.
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IN OTHER WORDS, THAT HE COULD TRIPLE THE SIZE OF HIS BUSINESS
RIGHT NOW, JUST ON RECYCLING METAL AND IS THAT SOMETHING
THAT -WHAT WOULD BE SO BAD ABOUT IT? PROBABLY NOTHING.
BUT, I AM NOT SO SURE THAT I UNDERSTAND THE -VALUE OF IT. WE
ALSO REPRESENT THE CITY TOO, AND THERE WOULD BE A LOT MORE
NOISE, A LOT MORE ACTIVITY."
WITH FURTHER DISCUSSION, COMMISSIONER KREBS SAID, "ANTHONY
(GARGANESE), WILL WHAT COMMISSIONER BROWN HAS SUGGESTED -
DOES THAT ADDRESS WHAT YOU WERE SAYING? I AM JUST A LITTLE
CONFUSED AND I KNOW THAT SOMETIMES PEOPLE UNDERSTAND
EACH OTHER IN A DIFFERENT WAY." ATTORNEY GARGANESE STATED,
"RIGHT." COMMISSIONER KREBS THEN SAID, "OR IS THERE A BETTER
SOLUTION THAT YOU HAVE THAT WOULD ADDRESS WHAT
COMMISSIONER BROWN ALSO IS ASKING?"
MANAGER McLEMORE SAID, "WHAT ANTHONY (GARGANESE) IS
PROPOSING TO YOU IS -REMEMBER WE HAD THIS ISSUE OF WHAT IS
`LIGHT INDUSTRIAL'; AND WE'RE SAYING THAT UNDER WHAT
ANTHONY (GARGANESE) IS SAYING, SALVAGE IS NOT A PERMITTED
`USE' UNDER `LIGHT INDUSTRIAL'. BUT, IT IS ALLOWED IN THIS AREA
UNDER WHICH YOU HAVE A DEVELOPMENT AGREEMENT WITH BART
(PHILLIPS); BUT WHAT IT DOES SAY IS YOU CAN WORK WITH THIS
AREA WHERE HE WOULD WANT TO EXPAND OR WHATEVER, UNDER
CERTAIN CONDITIONS THAT YOU LAY OUT, BUT IT DOESN'T GIVE ALL
THESE OTHER PEOPLE ALL THROUGH HERE, THAT RIGHT TO START A
SALVAGE ENTITY. SO, YOU KIND OF GET THE BEST OF BOTH WORLDS
IN THAT SITUATION.
IT DOES NOT EXTEND WHAT IS NORMALLY A `HEAVY INDUSTRIAL USE'
THROUGHOUT WHAT IS REALLY A LIGHT INDUSTRIAL PARK, BUT IT
ACKNOWLEDGES THAT THERE IS A `USE' HERE THAT'S `NON-
CONFORMING' THAT ALLOWS HIM TO RETAIN THE COMMERCIAL
VIABILITY OF THAT `USE' AND UNDER CERTAIN CONDITIONS IT COULD
BE EXPANDED UNDER CONDITIONS THAT YOU WOULD SET OUT TO
MAKE IT MORE COMPATIBLE. SO, IT GIVES YOU BARGAINING AND
LEVERAGES OF WHAT IS CONTAINED IN HERE WITHOUT AFFECTING
ALL THESE OTHER PROPERTIES THAT ARE IN THAT `LIGHT
INDUSTRIAL' ZONE..."
COMMISSIONER KREBS SAID, "...AND PASSED OVER TO A NEW OWNER
SHOULD ONE..." MANAGER McLEMORE NOTED, "...YES." ATTORNEY
GARGANESE ADDED, "YES."
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ATTORNEY GARGANESE THEN EXPLAINED, "AS A `NON-CONFORMING
USE', THERE ARE SO MANY LIMITATIONS ON EXPANSION AND
MODIFICATION, THERE'S REALLY NO INCENTIVE. I AM SAYING, PUT A
PROCEDURAL VEHICLE IN YOUR `NON-CONFORMING USE' CODE THAT
COULD MAKE IT, PROVIDE AN INCENTIVE AND THE WIN-WIN WOULD
BE THEY WOULD GET A MORE ECONOMICALLY VIABLE SITE, YOU GET
A FAR MORE COMPATIBLE BUSINESS TO THE SURROUNDING AREA
INCLUDING THE SCHOOL AND -PERHAPS THE RESIDENTIAL AREA.
GIVES A LITTLE MORE FLEXIBILITY ON TERMS THAT YOU THINK ARE
APPROPRIATE. IF THE TERMS ARE NOT APPROPRIATE, THEN IT STAYS
AS IS."
COMMISSIONER KREBS THEN SAID, "AND THEN THAT ALLOWS US TO
VOTE FOR THE WALL AND ALL THAT OTHER STUFF. THAT IS THE
IMPRESSION?" ATTORNEY GARGANESE ADDED, "POTENTIALLY YES.
PUTTING UP A WALL TO BUFFER THAT FACILITY FROM THE SCHOOL
MAKES IT MORE COMPATIBLE." ATTORNEY GARGANESE SUGGESTED,
"THAT IS ONE EXAMPLE. ADJUSTING THE ROADWAYS OR ENTRANCE
WAYS COULD MAKE IT MORE COMPATIBLE - RELOCATING
STORMWATER FACILITIES COULD BE ONE WAY TO MAKE IT MORE
COMPATIBLE."
COMMISSIONER KREBS SAID, "BUT, YOU ARE SAYING THAT THAT IS
NOT THE SAME MOTION -THAT IS NOT INCLUDED IN THE MOTION
THAT..." ATTORNEY GARGANESE STATED, "...I WON'T SPEAK FOR
COMMISSIONER BROWN, BUT I THINK THAT'S WHAT HE HAD
INTENDED BY HIS MOTION." COMMISSIONER KREBS RESPONDED,
"COMMISSIONER BROWN?" MAYOR BUSH SAID, "HE SAID YES."
COMMISSIONER McGINNIS REMARKED, "I WOULD CERTAINLY
SUPPORT ANTHONY (GARGANESE) MOVING FORWARD WITH IT AS YOU
REFERRED TO IT AS A PROCEDURAL VEHICLE."
COMMISSIONER MILLER NOTED, "COMPATIBILITY ISSUE - THAT
WOULD ALLOW THE WALL TO BE BUILT AROUND THE SITE BASICALLY
TO THE ENTRANCE ON -WADE [STREET] -YOU MENTIONED THE
RETENTION POND IN THE BACK. THAT HAS NOT BEEN ADDRESSED
HERE."
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ATTORNEY GARGANESE SAID, "LET'S LOOK AT THE NEXUS. THIS
PROPERTY OVER HERE AND THEN THIS. THIS RIGHT HERE IS `NON-
CONFORMING', SO - IF YOU PUT A PROCEDURAL VEHICLE IN PLACE IN
TERMS OF TRYING TO MAKE THIS MORE COMPATIBLE -WHAT WOULD
YOU DO? IN BUILDING A WALL, BUFFERING THIS BORDER OF THE
PROPERTY FROM THE SCHOOL IS ONE WAY TO MAKE IT MORE
COMPATIBLE AND SOMETHING TO OFFER IN EXCHANGE FOR -
ALLOWING HIM TO DO SOMETHING ON THIS SITE TO MAKE IT MORE
ECONOMICALLY VIABLE FOR HIM. TRY TO MAKE IT A WIN-WIN AND I
THINK THERE IS A LEGITIMATE PUBLIC PURPOSE. OTHERWISE, THAT
PROPERTY COULD STAY LIKE THAT FOR FIFTY (50) YEARS."
COMMISSIONER BROWN ADDED, "I WOULD ASSUME THAT ANTHONY
(GARGANESE) IS NOT GOING TO DO THIS IN A CLOSET AND THAT HE IS
GOING TO WORK CLOSELY WITH BART (PHILLIPS) AND WITH BOB
(GOFF) TO COME UP WITH AN AGREEMENT THAT WILL UPHOLD THE
CITY'S INTEREST AND BE PALATABLE TO ALL THE COMMISSIONERS
AND ALSO TO UPHOLD THE PROPERTY RIGHTS AND OWNERSHIP
ENDEAVORS -THAT WAS MY ORIGINAL INTENT WAS THAT ANTHONY
(GARGANESE) WOULD GO OFF AND START WORKING ON THAT WITH
THESE FOLKS TO COME UP WITH SOMETHING THAT IS COMPATIBLE
TO EVERYBODY."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER McGINNIS: NAY
COMMISSIONER MILLER: NAY
DEPUTY MAYOR GILMORE: AYE
MOTION CARRIED.
Mr. Goff said, "With what you have done so far today, is there anything Mr. McLemore,
that would prevent us from making Application to vacate the road and pull Building
Permits, be reviewed for Building Permits on the first section of the wall? Because the
reason that I ask this is I am trying to make sure that I am building that wall in this
location from here when school is out of session during the summer. And if I don't get
these things started now, then I won't be able to - I do not want to do this when school is
in session."
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Manager McLemore stated, "My concern is, that I am assuming that the question you
have to ask, let's suppose you go through Zoning and because of the huge uproar, the
Commission says, `No, we're not going to Re-zone it'. What kind of investment would
Bart (Phillips) -would he have already wanted to make in that situation?" Mr. Goff said,
"That is not an issue. We are committed to providing security between us and the school.
That the -School Board promised to do this and then they promised the City they would
this and they didn't. So, that is not an issue. We want to build this wall..."
Manager McLemore said, "...You have to go through the normal Permitting process."
Mr. Goff said, "Yes. Absolutely. And we're prepared to put that permit in place on
Monday."
Manager McLemore said, "He has to go through the whole permitting process." Mr.
Goff stated, "Absolutely." Manager McLemore noted, "He has to get a building permit."
Mr. Goff noted, "Yes. But there is nothing as far as that as long as we understand that
whatever happens with whatever Zoning issues come about later, we want to be able to
put this wall in now because that is an issue of security between us and the school and it's
also that the people are coming into the school property and cutting the School Board's
fence and coming in and stealing at night."
Manager McLemore said, "The only thing we have to be careful of is that we don't create
a presumption of Contract Zoning. That's the biggest issue. So, that's an Attorney call."
Mr. Goff added, "And that is an absolute separate issue. We want to vacate that property
so that we can put the wall in and build the wall, that section."
Attorney Garganese said, "Let's assume that he had no interest in re-zoning the property,
it would be a basically a permit to build the wall slab for the first property and a vacation
of aright-of--way - and a Variance. I mean you would just treat that independent. Now, I
will tell you under the Code -that there would be some limited in scope Site Plan to show
the wall and the location and the Survey."
Manager McLemore added, "That's going to get you into the design of the wall..."
Attorney Garganese then stated, "...Get you into the design of the wall, but you can do
all that under the current process without addressing Zoning, but you have some hurdles."
Mr. Goff said, "Exactly. We are just trying to get that part of it started because I want to
build that wall when kids are out of school."
Commissioner McGinnis asked Attorney Garganese to clarify the recent action of the
City Commission.
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SPECIAL MEETING -APRIL 4, 2008
PAGE 13 OF 18
Attorney Garganese stated, "There were two (2) directions to me. One (1), I am going to
on the (State Road) 419 property, work on the `C-2' Restricted Re-Zoning issue that
we've discussed and then with respect to the recycling property, I've been asked to
consider putting together an Ordinance that would establish that procedural vehicle -and
I would work with Mr. Phillips and his Consultants regarding their specific interests and
craft a Code that the City Commission could consider adopting that -may address all of
their interests and as well as maybe others - from a general City policy standpoint. And
generally, I think the direction is to allow under certain circumstances `Non-Conforming
Uses' to grow, expand and beautify their sites under limited circumstances."
In other City business, Mayor Bush remarked that, "The Winter Springs Rotary Club is
having an auction which they use to raise money for scholarships for students from -
Winter Springs High School. They have asked - is there anything that the City
Commission could give that might be something they could be auction off? And they
made a recommendation, a parking permit for all City activities for a year. It wouldn't
cost us anything. One person would buy it and the money would go to the Fourth of July,
etc., etc.
"SO MOVED. MOTION BY COMMISSIONER BROWN. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
MAYOR BUSH REMARKED, "A MOVE AND SECOND THAT WE WILL DO
THAT -THE AUCTION IS TOMORROW, BY THE WAY."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Next, Mayor Bush stated, "Mayor (Bob) Goff and Mayor (John) Maingot from
Longwood and myself have discussed how there might be some way that our cities could
cooperate in the reduction of some of the costs of some of our services in the Fire
Department. Longwood and Casselberry have both passed Resolutions in their respective
Boards to ask their Manager and their Fire Chief's to work together to see if there is any
way that we can reduce costs by sharing whatever."
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Mayor Bob Goff, Ciry of Casselberry: explained, "Ask the pros that are doing the job to
think outside the box. Figure out whether or not it is from sharing Training Officers for
example, to creating a Fire District. We are all looking at Fire Fees -Longwood and
Casselberry - so, we're all following down the same path. So, this is just an idea as we
go into the Budget season is to see whether or not that the smartest among us, the
Managers and the Chiefs, the professionals -can come up with a way that could
potentially save all of our citizens on their daily bills."
Commissioner McGinnis said, "I certainly do support any kind of creative thinking that
can lead toward more efficient, more economical and maybe better consolidation and in
the end better results. So, yes..." Mayor Bush said, "...Can we have a Motion to..."
"...SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER KREBS SAID, "I WANT TO KNOW WHAT IT IS GOING TO
SAY."
MAYOR GOFF SAID, "WE DIDN'T PASS A RESOLUTION AS SUCH. WE
JUST DISCUSSED IT AND DIRECTED OUR CITY MANAGER TO MAKE IT
HAPPEN IF WINTER SPRINGS CHOSE TO JOIN IN."
MAYOR BUSH ASKED, "COMMISSIONERS, DO YOU WANT TO CHANGE
THE MOTION TO THAT EFFECT - SO, THERE IS NO RESOLUTION? IT
WOULD JUST BE REQUESTING THE MANAGER AND THE FIRE CHIEF..."
COMMISSIONER KREBS REMARKED, "...BUT HE SAID FIRE FEES. I
HEARD HIM SAY FIRE FEES AND I JUST WONDERED IF THAT IS WHAT
HE MEANT."
COMMISSIONER McGINNIS SAID, "THIS HAS NOTHING TO DO WITH THE
FIRE FEES. THIS IS ABOUT SERVICE..." COMMISSIONER KREBS ADDED,
"...HE SAID FIRE FEES." COMMISSIONER McGINNIS THEN STATED,
"...HE SAID THEY ARE MOVING FORWARD WITH ONE."
COMMISSIONER KREBS SAID, "...HE SAID ANYTHING TO INCLUDE
WHATEVER, INCLUDING FIRE FEES." MAYOR GOFF NOTED, "I JUST
MENTIONED, MADAM COMMISSIONER, WE ARE ALL FOLLOWING
DOWN THE SAME PATH, SO WE'RE NOT OFTEN ON DIFFERENT WAVES
NOW. FIRE FEES IS ONE OF THOSE THINGS, BUT IT'S NOT LIKE WE'RE
LOOKING AT THREE (3) DIFFERENT CITIES GOING IN THREE (3)
DIFFERENT DIRECTIONS AT THIS PARTICULAR POINT IN TIME. BUT,
FIRE FEES MIGHT HAVE SOMETHING TO DO WITH IT, MIGHT NOT.
CAN'T SAY."
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
PAGE I S OF l 8
MAYOR BUSH EXPLAINED, "IT IS A WAY FOR THE THREE (3) CITIES TO
SHARE RESOURCES TO POSSIBLY TO SAVE MONEY. THAT IS IT;
REGARDLESS OF HOW WE HANDLE THE FIRE DEPARTMENTS."
VOTE:
COMMISSIONER KREBS: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Mayor Bush called a Recess at 6: Ol p. m.
Mayor Bush reconvened the Special Meeting at 6:11 p. m.
REGULAR
601. Office Of The City Manager
Requesting The City Commission To Consider A Termination Review Procedure In
The Alternative To That Provided In The Fire Union Contract.
Mr. Jeffrey E. Mandel, Esquire, Fisher & Phillips, LLP, 1250 Lincoln Plaza, 300 South
Orange Avenue, Orlando, Florida: spoke on this Agenda Item.
Discussion.
Mr. Richard Siwica, Esquire, Egan, Lev &Siwica, P.A., 231 East Colonial Drive,
Orlando, Florida: addressed the City Commission.
Further discussion ensued.
Tape 2/Side B
Discussion.
Mr. Siwica said, "So, that's an issue that you don't need to, whether or not that was an
offer or that is nothing you need to get into today. Because we have agreed to use
Dorothy Green, but we've reserved our rights if we see an issue to come back before you
and say, because we're trying to go forward with this. We have somebody's career at
stake here. We've reserved the right to hold you to your deal, which you guys will
decide."
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
PAGE 16 OF 18
Manager McLemore said, "What I suggest to you is that Dottie (Dorothy Green) was on
our list, and I am entirely comfortable with Dottie (Dorothy Green)."
COMMISSIONER BROWN ASKED, "WHAT WOULD THEY NEED TO DO
THAT BACKGROUND CHECK AND IF THEY COME BACK TO US AND SAY
`NO' THAT IS NOT ACCEPTABLE, WE WILL REVERT TO THE ORIGINAL
CONTRACT LANGUAGE." COMMISSIONER McGINNIS SAID, "THAT'S
GOOD..." COMMISSIONER BROWN STATED, "...WOULD THAT BE
ACCEPTABLE TO YOU? MR. SIWICA RESPONDED, "SURE."
COMMISSIONER BROWN ADDED, "I MAKE IT A MOTION."
DISCUSSION.
COMMISSIONER BROWN STATED, "THE ORIGINAL MOTION WAS THAT
WE ALLOW THE ATTORNEY FOR THE UNION, I SAID SEVEN (7) DAYS,
WHATEVER THE APPROPRIATE TIME WOULD BE TO DO THEIR
BACKGROUND CHECK ON..." MANAGER McLEMORE REMARKED,
"...DOTTIE (DOROTHY) GREEN." COMMISSIONER BROWN CONTINUED,
"...DOTTIE (DOROTHY) GREEN, AND IF THEY COME BACK AND SAY
THAT SHE IS NOT ACCEPTABLE, THEN WE REVERT TO THE ORIGINAL
CONTRACT LANGUAGE."
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
COMMISSIONER MILLER STATED, "THE MOTION AS I UNDERSTAND IT
IS YOU DO YOUR DUE DILIGENCE IN A CERTAIN TIME PERIOD,
CERTAIN WHICH I THINK WAS WHAT A WEEK AND AFTER THAT,
WHATEVER THAT DECISION TURNS OUT TO BE, THAT'S IT, IT IS FINAL.
IN OTHER WORDS, YOU ARE NOT GOING TO COME BACK AND
CHALLENGE IT AND THEN BRING IT BACK TO US OR WE GO BACK TO
THE ORIGINAL CONTRACT AND - I JUST WANT TO MAKE SURE YOU
AGREE TO WHAT I UNDERSTAND THE AGREEMENT TO BE SO THAT -
YOU DON'T COME BACK AND SAY `YES, WE ALWAYS DESERVE THE
RIGHT TO BRING THIS BACK BECAUSE - IS THAT WHAT I
UNDERSTOOD'. IT IS SEVEN (7) DAYS - IF YOU AGREE..."
MR. SIWICA SAID, "...I AM GOING OUT OF TOWN NEXT WEEK, SO CAN
WE MAKE IT LIKE TEN (10) DAYS?" COMMISSIONER MILLER STATED,
"A WEEK, TWO (2) WEEKS, I DON'T REALLY CARE. IF YOU WANT SIX (6)
MONTHS, I THINK THAT IS REALLY OUT OF - IF IT'S ONE (1) WEEK,
TWO (2) WEEKS; BUT ON THE DATE CERTAIN, THAT'S IT. YOU LIVE -
AND WE LIVE WITH THE OUTCOME." FURTHER DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
PAGE 17 OF 18
MAYOR BUSH SAID, "I THINK THE MOTION IS CLEAR." MANAGER
McLEMORE STATED, "THE MOTION IS CLEAR."
FURTHERMORE, MANAGER McLEMORE ASKED, "CAN WE DO THIS BY
FILING WRITTEN INFORMATION WITH THE CITY? NO NEED TO COME
BACK TO THE CITY COMMISSION IF HE SENDS A LETTER AND SAYS `WE
DON'T AGREE'; THEN WE KNOW WE ARE GOING ON WITH THE
CONTRACT." MAYOR BUSH NOTED, "THAT IS THE MOTION."
COMMISSIONER KREBS COMMENTED, "ON PART OF THIS ISSUE -YOU
HAVE CHOSEN SOMEONE. RON (McLEMORE), YOU HAVE SOMEONE,
RIGHT." IS THIS A THREE (3) PERSON PANEL?" MANAGER McLEMORE
STATED, "YES." COMMISSIONER KREBS THEN SAID, "AND THEN THE
THIRD ONE IS..." MANAGER McLEMORE STATED, "...DOTTIE
(DOROTHY) GREEN...." COMMISSIONER KREBS ADDED, "...IS DOTTIE
(DOROTHY) GREEN."
COMMISSIONER MILLER REMARKED, "THE DATE WOULD BE THE
CLOSE OF BUSINESS ON THE 18TH DAY OF APRIL. THAT IS EXACTLY
TWO (2) FRIDAYS FROM RIGHT NOW." MR. SIWICA SAID, "YES, SIR."
COMMISSIONER MILLER ADDED, "SO THAT WOULD BE IN THE MOTION
THEN, THE DATE CERTAIN IS 18 APRIL (2008)."
VOTE:
COMMISSIONER BROWN: AYE
DEPUTY MAYOR GILMORE: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Manager McLemore distributed to the City Commission a document entitled, "A
REPORT ANALYZING THE IMPACTS OF IMPLEMENTATION OF FIRE
ASSESSMENTS IN THE CITY OF WINTER SPRINGS", dated Apri12, 2008.
In regards to the Public Hearing on April 14th 2008, Mayor Bush spoke of being out of
town as well as the Manager, and stated, "My thought is, would you want to put off -our
next Public Hearing until the 28th [Apri12008] or not?" Commissioner McGinnnis noted,
"Let's move forward with it." Commissioner Robert S. Miller said, "Let's leave it the
way it is." Commissioner McGinnnis added, "Okay." No objections were voiced.
Mayor Bush said, "Good enough."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING -APRIL 4, 2008
PAGE 18 OF 18
Commissioner Krebs said, "I would really like to thank you for getting this to us earlier
enough, so that we can take the time to digest the information we need to digest for the
next Meeting."
ADJOURNMENT
Mayor Bush adjourned the Special Meeting at 6:47 p.m.
RESPECTFULLY SUBMITTED:
A EA LORENZO-LUACES, CMC
C Y CLERK
.APPROVED:
.MAC°C~R JOHN r'. SUS
NOTE: These Minutes were approved at the April 14, 2008 Regular City Commission Meeting.