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HomeMy WebLinkAbout2010 04 20 Consent 202 Request Approval Of March 30, 2010 Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING MARCH 30, 2010 CALL TO ORDER The Special Meeting of Tuesday, March 30, 2010 of the Code Enforcement Board was called to Order by Chairman Laura -Leigh Wood at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: 'CS Chairman Laura -Leigh Wood, present '"'Ci Vice Chairman James B. Pitts, present Board Member Dick Crenshaw, present Board Member Hugh Fisher, present Board Member Carole Giltz, absent Vri Board Member Gregory Roero, present t=1 Board Member Leah Weisman, absent Alternate Board Member #1, Arsenio Calle, arrived at 7:01 p.m. Alternate Board Member #2, Robert Henderson, present Assistant City Attorney Kate Latorre, present Chairman Wood asked that the Record reflect two (2) excused absences, Board Member Carol Giltz and Board Member Leah Weisman; and Alternate Board Members Robert Henderson and Arsenio Calle were in Voting capacity. Next, Chairman Wood asked for a moment of silence and led the Pledge of Allegiance. Continuing, Chairman Wood inquired if there were any "Agenda Changes ". None were noted. Assistant to the City Clerk Coutant swore in the Winter Springs Code Enforcement Inspectors and those who may be providing Testimony during the presentation of the Cases. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 2 OF 6 REGULAR AGENDA REGULAR 600. Code Enforcement Bureau — Police Department CASE #04- 0005642 Bartholmew D. Philips 600 Old Sanford Oviedo Road Winter Springs, Florida 32708 -5725 Section 2 -61.5. (Release Of Lien Application) As This Case Was Tabled At The March 16, 2010 Regular Meeting, If The Code Enforcement Board Is Interested In Hearing This Case Again, A Motion To Remove From The Table Would Be First Required, And Then The Code Enforcement Board , May Consider This Agenda Item For Further Action. Chairman Wood suggested this Agenda Item needed to have a Motion to remove from the Table. 6--C1 "SO MOVED." MOTION BY VICE CHAIRMAN PITTS. SECONDED BY O BOARD MEMBER ROERO. DISCUSSION. aZ VOTE: ALTERNATE BOARD MEMBER CALLE: AYE CHAIRMAN WOOD: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER CRENSHAW: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FISHER: AYE ALTERNATE BOARD MEMBER HENDERSON: AYE MOTION CARRIED. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department reminded the Board that, "This was an Agenda Item that we heard at the normal (Regular) Meeting. It is a request for Rele ase of Lien. In this capacity, the Board is asked to render a recommendation to the City Commission of either; Release the Lien, Release the Lien with conditions, or deny the request." Continuing Captain Tolleson mentioned that the Respondent Mr. Bartholmew Phillips was present, along with Mr. Bob Goff and Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department and then displayed and discussed the Respondent's Release of Lien Application. After Captain Tolleson brought the Board Members up to date with the history of this Case, Vice Chairman James B. Pitts inquired, "Of the three (3) options we have — can we modify the amount of the Lien ?" Captain Tolleson replied, "You all could do that. That would be Approval with conditions." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 3 OF 6 Board Member Arsenio Calle questioned, "One thing I would like to hear is, `How is the City going to benefit' ?" Captain Tolleson responded, "That's all going to be in the next presentation." Mr. Stevenson began his presentation by announcing, "Thank you for having this Special Meeting — it's been a hard puzzle to piece together over the last year and a half, or so." An aerial view was displayed on the screen and Mr. Stevenson acquainted the Board with geographical locations of the Respondent's property and relevant landmarks. Next, Mr. Stevenson explained that several things were trying to be accomplished and , may pointed out the "Missing link" on the aerial, which he then stated, "We re -zoned this property — on the south of the railroad track between the railroad right -of -way and State ., Road 419. That has been re -zoned to `C -2'," and added, "What we are talking about in terms of the dedication tonight, is a thirty foot (30') swath, running right along (State .""Ci Road) 419 for the length of this property - in which will be built the Cross Seminole C::/ Trail, `Missing link'." . c am Further discussion of this property ensued. ItMli Additionally, Mr. Stevenson expressed to the Board, "Another part of this situation in trying to put the Trail link together is that — you are aware we are currently looking to put in Magnolia Park, it's an outdoor amphitheater in the Town Center. That amphitheater backs up to a portion of the Trail in the Town Center. Neither the City nor Mr. Phillips had tied these two (2) efforts together, however the State did. The State said, `Okay, we know you want some right -of -way for Magnolia Park, we need the right -of -way to complete this section of the Trail. We would like to see it all come forward as one (1) package'. That's how these two (2) efforts got married, neither by the efforts of Mr. Phillips, nor by the efforts of the City, but by the request of the State." Continuing Mr. Stevenson informed the Board, "The Cross Seminole Trail is owned by the State, managed by Seminole County," and then said, "What are the benefits to the City at this point — I think they are twofold. First of all, we get to complete the Cross Seminole Trail in this area — but we also get to build the Magnolia Park Amphitheater, by virtue of the fact that we are able to offset a portion of the right -of- way." Again referring to the aerial, Mr. Stevenson noted, "What we are trying to piece together again is a threefold process. Not only is it the Code Enforcement Fines, but what we are also taking forward is: A) An Ordinance which has been mutually accepted so far to allow this use in the I -1; that Mr. Phillips is looking for, the recycling of secondary materials, non hazardous materials, by the way," and continued, "And second of all, what we would be taking forward is an Agreement. If you were to move forward, you can condition your Approval, based upon the execution of that Agreement, which we have in place right now, it is called, `Code Enforcement Lien Satisfaction Agreement' and stipulates several things." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 4 OF 6 Mr. Stevenson then highlighted the stipulations of the Code Enforcement Lien Satisfaction Agreement by noting, "Mr. Phillips is giving some right—of—way — to complete the improvements to Wade Street, ten feet (10') on the western side of Wade Street. That would be accomplished within thirty (30) days of the effective date of this Agreement. As talked about earlier, he is also dedicating thirty feet ( 30') alon g his frontage of (State Road) 419 for completion of the Trail — the County already has a cross section of the Trail and some landscaping that would go in there and part of that would be a wall that Mr. Phillips would be building as a further benefit to buffer all of this property t" from the residences over here." Mr. Stevenson then added, "And third, Mr. Phillips is ..� going to fully cooperate with us and help us to get this railroad crossing — from CSX (CSX Corporation, Inc.)." Chairman Wood inquired, "As far as CSX (CSX Corporation, Inc.) goes, how difficult will that be to get that ?" Mr. Stevenson responded, "I have not dealt with them on a pedestrian crossing in the past. A pedestrian crossing will be somewhat easier because "�•'� again, we are not talking about vehicular traffic; we are simply talking about a crossing of "Jr_ the Trail." t:=0 Following, discussion ensued on the uses, setbacks, and the value of the property should the Respondent wish to develop it. Additional comments regarding the State of Florida and the City of Winter Springs relationships with the Cross Seminole Trail and this Case developed. Next, there was discussion about Eminent Domain and the Waiver of the Lien and the benefits of the property dedication. Vice Chairman Pitts asked, "Has the State already agreed if we go through with this that they will make that allowance so we can have this structure ?" Mr. Stevenson responded, "That is what my understanding is from Public Works," and added, "The Application for this portion is up at the State waiting to be joined by the portion on (State Road) 419 and they are going to marry those together in their consideration. All indications are as; that I have heard from Public Works; they have been dealing with them, is that they are ready to go with this. They just want it packaged as one (1) deal." Mr. Bob Goff 419 Metal and Auto Recycling Center, 600 Old Sanford- Oviedo Road, Winter Springs, Florida: addressed the Board and stated, "This has been juggling four (4) different balls up in the air and it is now coming down to this particular situation. In order to give the property to the State, it has to be free of the Lien. The State won't take it with the Lien on it. So we need to deal with that. That's why Mr. Phillips has come and asked you to reduce part of the Lien down from eighteen thousand [five hundred dollars] ($18,500.00) to five hundred [dollars] ($500.00) to free the property of its Lien so that we can complete the transaction with the State." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING - MARCH 30, 2010 PAGE 5 OF 6 Continuing Mr. Goff stated, "I will tell you that David Martin — is the Engineer in charge of this Project with the County. He comes back on Thursday morning and — I will meet with him at 8:00 (a.m.) when he comes off of vacation and we will be setting up a meeting with CSX (CSX Corporation, Inc.) to get the County very satisfied with the ability to get a pedestrian crossing coming on the City owned property." Mr. Goff addressed the ability to build on Mr. Phillips' property, the value of the land and the wall being built by Mr. Phillips. ..._ Further discussion ensued regarding the location of the wall in relation to the Trail, • release of Lien and Waiving the Fine. f "I WOULD LIKE TO MAKE A PAGE 16 MOTION TO `AMEND THE FINE G) FOR NON - COMPLIANCE' FROM EIGHTEEN THOUSAND, FIVE HUNDRED 1. _ _ [DOLLARS] ($18,500.00) TO FIVE HUNDRED [DOLLARS] ($500.00)." MOTION BY BOARD MEMBER FISHER. CHAIRMAN WOOD INQUIRED ABOUT STIPULATIONS OF THE MOTION. ATTORNEY LATORRE REMARKED, "YOU CAN CONDITION IT UPON THE COMPLETION OF THE THREE (3) ITEMS THAT RANDY (STEVENSON) OUTLINED: THE DONATION OF THE WADE STREET RIGHT -OF -WAY, THE WORKING WITH CSX (CSX CORPORATION, INC.) FOR THE RAILROAD CROSSING AND THE DONATION OF THE LAND OF THE CROSS SEMINOLE TRAIL. BUT THOSE THINGS WILL BE MEMORIALIZED IN A WRITTEN AGREEMENT." CHAIRMAN WOOD ASKED, "IS THAT UNDERSTOOD ?" ATTORNEY LATORRE REMARKED, "NOT NECESSARILY. NOT IN THE MOTION THAT WAS MADE." CHAIRMAN WOOD THEN NOTED, "THEN WE NEED TO VOTE ON THE MOTION THAT IS ON THE TABLE, CORRECT? CAN HE AMEND IT NOW ?" ATTORNEY LATORRE STATED, "HE CAN AMEND IT, OR WITHDRAW IT AND RE -STATE IT." BOARD MEMBER FISHER ADDED, "MAKE THE LIEN REDUCTION DEPENDENT ON THE CONDITIONS PREVIOUSLY STATED." ATTORNEY LATORRE STATED "DOES ANYBODY ON THE BOARD OBJECT TO THE AMENDMENT ?" NO OBJECTIONS WERE VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD SPECIAL MEETING — MARCH 30, 2010 PAGE 6 OF 6 ALTERNATE BOARD MEMBER CALLE INQUIRED, "WHICH OF THE THREE (3) ITEMS, AGAIN ?" ATTORNEY LATORRE REPEATED, "THE DONATION OF THE WADE STREET RIGHT -OF -WAY FOR THE CONSTRUCTION OF THE SIDEWALK, THE DONATION OF THE TRAIL LAND TO THE STATE OF FLORIDA, FURTHERANCE OF THE TRAIL AND THE OBLIGATION TO COOPERATE WITH THE CITY AND THE STATE REGARDING THE RAILROAD CROSSING THAT IS REQUIRED TO BRING THE TRIAL NORTH." CHAIRMAN WOODS NOTED, "SECONDED BY VICE CHAIRMAN PITTS." —~ DISCUSSION. If"� VOTE: °"C=1 BOARD MEMBER CRENSHAW: AYE �' r:::i ALTERNATE BOARD MEMBER HENDERSON: AYE CHAIRMAN WOOD: AYE iii A Mii LTERNATE BOARD MEMBER CALLE: AYE BOARD MEMBER FISHER: AYE VICE CHAIRMAN PITTS: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Assistant City Clerk Coutant clarified if Page 16, "Motion To Amend Fine For Non - Compliance" needed to be read. Attorney Latorre stated, "I don't think it's necessary." ADJOURNMENT Chairman Wood adjourned the Regular Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED: GAYLE COUTANT ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the , 2010 Code Enforcement Board Regular Meeting.