HomeMy WebLinkAbout2007 08 27 Consent 209 Approval of the August 20, 2007 Special Meeting Minutes
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING
AUGUST 20, 2007
CALL TO ORDER
The Special Meeting of Monday, August 20, 2007 of the City Commission was called to
Order by Mayor John F. Bush at 5:15 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 Sally McGinnis, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Donald A. Gilmore, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
A moment of silence was followed by the Pledge of Allegiance.
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
HEARD FIRST, FOLLOWED BY THE REST OF THE AGENDA, AS
DOCUMENTED. .:. .:.
REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST
13,2007 REGULAR MEETING AGENDA
REGULAR
601. Community Development Department - Planning Division
Along With The Seminole County School Board Wishes To Brief The Commission
On The Draft 2007 Interlocal Agreement For Public School Facility Planning And
School Concurrency And Ordinance Number 2007-22, A Large Scale
Comprehensive Plan Text Amendment, Establishing A Public School Facilities
Element And Amending The Capital Improvements And The Intergovernmental
Coordination Elements Consistent With Chapter 163, Florida Statutes.
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department advised the City Commission that, "This item is just to introduce you to
something that is coming back to you on September 10th."
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 2 OF 22
.:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM WAS DISCUSSED IN THE ORDER DOCUMENTED. .:. .:.
PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED AND
PARTIALLY DISCUSSED ON THE AUGUST 13, 2007 REGULAR
MEETING AGENDA.
PUBLIC HEARINGS
500.1 Community Development Department
Requests The City Commission Review Vertex Development, LLC's Request For A
Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site,
At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The
Tuscawilla Planned Unit Development (PUD).
Mayor Bush noted, "We will continue with the Public Hearing on '500.1' which was -
going when we suspended the Meeting."
City Manager Ronald W McLemore said, "Point of Order" and explained how this
Agenda Item would proceed.
Mayor Bush welcomed former City Commissioner Michael S. Blake.
Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite
1800, Orlando, Florida: representing Vertex Development, LLC stated, "Things I need
to put in the Record - the first is the Commission Agenda Item Number '308' from the
January 23,2006 Commission Meeting, where the Staff presented to the Commission the
letter I wrote to the City Staff, informing the City that the [Tuscawilla] Country Club and
Vertex [Development, LLC] had entered into a lease agreement for a unipole on the
[Tuscawilla] Country Club property. And the next few documents I want to put in the
Record are the various leases and letters of intent from the providers that have signed up
to go on this Tower; and that would be the T-Mobile lease, the Clearwire [US LLC], the
metroPCS lease, the Sprint letter of intent and the Verizon [Wireless] letter of intent. So,
I'm going to put all those things in the Record.
And I also have a letter, that I think was provided to you, Commissioners, by Jackie
Clement - I know she received a lot of correspondence on this issue and I don't know
how much of that you're actually putting in the Record. I'm aware of this letter and I do
believe that at least the Mayor got this letter. And it was, Ms. Clement lives in Winter
Springs; lives in Country Club Village, and is in support ofthe Tower."
Ms. Solik showed a map for the Record of a Future Land Use Map of the City of Winter
Springs and commented on this issue.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 3 OF 22
Regarding the Water Treatment Plant location, Commissioner Donald A. Gilmore asked,
"So, is it fair or unfair to say that you went to a similar height that you have at the
[Tuscawilla] Country Club site?" Ms. Solik replied, "I think it's fair to say they went at
similar or higher heights and could not get sufficient coverage on that site to warrant
building it."
Commissioner Gilmore asked, "Does our Consultant concur with those results?"
Mr. Art Peters, 5422 Northwest 9rt Boulevard, Gainesville, Florida: addressed the City
Commission.
Manager McLemore asked, "Has all of the RF (Radio frequency) information been
supplied to Mr. Peters for evaluation?" Ms. Solik replied, "I did not give him the
Cingular [Wireless] information. I didn't get the Cingular [Wireless] information until I
walked into the Hearing last time. Mr. Peters' Report prepared on August 11th does
indicate that he was supplied with sufficient information though to make an analysis as to
whether the Country Club site was the most suitable location; and he came to that
conclusion."
Manager McLemore asked Ms. Solik, "Is Cingular information available to Mr. Peters?"
Ms. Solik replied, "Yes."
Regarding whether the Water Treatment Plant was an unacceptable site, Mr. Peters
commented, "I checked the Water Treatment Plant and it is not adequate. Not at the
heights that we're talking about."
Commissioner Gilmore said, "I want somebody on the Record to tell me what height.
We're looking at 150 up top. Are we looking at 150' down at the Water Treatment
Plant?" Mr. Peters replied, "Anywhere up to 200'." Commissioner Gilmore then stated,
"So, up to 200, it would not have been acceptable?" Mr. Peters replied, "That's correct."
Furthermore, Commissioner Gilmore commented, "I know there's approximately a
twenty foot (20') difference in the elevation, ground elevation, between the Water
Treatment Plant and the site up on the hill, so, if - you're a 150' up there to get to equal
height, you'd have to be 170 down at the [Water] Treatment [Plant]." Mr. Peters
remarked, "That's correct." Commissioner Gilmore continued, "As far as your
professional opinion is, it will not service the needs?" Mr. Peters replied, "That is
correct. "
Regarding AT&T expanding their Tower at the Oviedo [Marketplace] Mall, Mr. Peters
noted, "I may already have that in the information that I analyzed. I'd really have to
work it out."
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CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 4 OF 22
Discussion continued.
Ms. Solik referenced some maps shown for the Record at a previous Meeting, and again
showed some maps from the August 13,2007 Regular City Commission Meeting.
Mr. Dan Babilla, Senior Radio frequency Engineer, T-Mobile, 200 Telcom Drive, Winter
Springs, Florida: showed a map regarding a City plant that showed Tuscawilla coverage.
Further discussion.
Continuing, Mr. Babilla reviewed maps regarding area coverage.
Discussion continued.
Further discussion.
Regarding ground equipment, Mr. Babilla commented, "T-Mobile uses generators;
they're small."
Mr. Bill Brown, General Contractor, 815 South Kings Avenue, Brandon, Florida:
addressed the City Commission regarding generator and sound levels.
Discussion.
Deputy Mayor Sally McGinnis asked, "We don't know how many generators will be at
this site, do we?" Mr. Brown replied, "I think we end up three (3). T-Mobile always
uses a generator; Verizon [Wireless] uses a generator; SprintlNextel uses one. Three
(3). "
Manager McLemore asked, "How do you attenuate the generator noise?" Mr. Brown
commented, "They're packaged units in an enclosure that has some soundproofing on it."
Manager McLemore said, "So, the answer to that question is factory installed equipment.
There's nothing in addition to that you would do other than what's already factory-
installed in the box?" Mr. Brown replied, "Correct." Manager McLemore remarked,
"So, we need to know some numbers on that."
Tape 1/Side B
Regarding the ground equipment, Commissioner Joanne M. Krebs asked, "Do you have
any pictures to show us a similar site, what it would look like, because there are residents
that are very concerned about the aesthetic look of the area."
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CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 5 OF 22
Ms. Solik replied, "The compound is actually fenced in and landscaped all the way
around. And the compound area is in the middle of a wooded area on the Golf Course.
The compound area will not be visible. When you combine the existing landscaping and
vegetation of the site that's been chosen, along with the required landscaping around the
outside edge; there's a ten foot (10') landscape buffer all the way around." Ms. Solik
continued, "And there's 2500' oflandscaping that's going in on this that will- screen that
base equipment from view."
With further discussion on the decibel output of the generators, Ms. Solik stated, "It
doesn't exceed the Noise Ordinance, I guarantee that, and if it does - we'll get rid of the
generators. "
Manager McLemore commented, "These generators are test run from time to time, I've
got to believe, because ours are." Commissioner Krebs remarked, "Once a month they
told us." Commissioner Gilmore remarked, "I agree that we need to see the sound level
of the generator, but one (1) generator by itself doesn't mean anything. We need to see
the whole package."
Commissioner Gilmore said, "The neighbors have been very concerned about the noise
level. And I know when you fire up a 3600 RPM (Revolutions Per Minute), twenty-five
(25) kW diesel generator, it tends to be quite noisy. I've been around these things with
hush boxes around them and they're very quiet. But, I guess where we're coming from,
we're putting the responsibility on you people to make sure these are quiet machines.
And if you have to go to an 1800 RPM (Revolutions Per Minute) - then you do that."
Mr. Alan Ruiz, Vertex Development, LLe, 405 South Dale Mabry Highway, #244,
Tampa, Florida: commented, "In order to comply with any concerns that you have with
these generators, we would be happy to take as a condition that the generators have hush
boxes placed on them and also that they do not exceed your Noise Ordinance, as it stands
in any way."
Commissioner Gilmore asked, "As a total of all of them together running?" Mr. Ruiz
replied, "Absolutely."
Continuing, Commissioner Gilmore commented, "One of the things is, there's been quite
a few statements made about this being in the middle of the trees and a well protected site
- towards the number one (1) hole. I agree, there's a lot of trees - but towards the power
lines, there aren't many trees and there is certainly - no trees along the little road coming
in with the concrete path there. So, I think we're going to want to see a real good job of
landscaping, if this thing is allowed, because the landscaping that's there now is
absolutely minimal."
Discussion.
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CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 6 OF 22
Deputy Mayor McGinnis asked, "Did I hear you correctly, a moment ago, in reference to
the generators, did you say if that's an area of concern, do without generators?" Ms.
Solik replied, "No, I said we would accept a condition - that we comply with..." Deputy
Mayor McGinnis said, ".. .No, it was before that." Ms. Solik stated, "No." Ms. Solik
continued, "If we exceed them, then we'd be in Violation with your Code and the City
could site - Vertex [Development, LLC] for Violation of the Noise Ordinance."
Mayor Bush noted, "I think the only difference is, and Mr. Gilmore just stated this, that
collectively they'd have to be under the Code, not individually." Ms. Solik replied, "And
we will agree to a condition to that affect."
Next, Ms. Solik showed a Forsite Group map of the proposed Tower location; followed
by a photo of what the proposed Cell Tower would look like.
Regarding the dimensions of the proposed Cell Tower, Ms. Solik said, "It's about five
feet (5'), five and a half feet (5 W) in diameter at the bottom and it tapers up eighty feet
(80'). And then at eighty feet (80') on, it is three feet (3 ') in diameter. And we showed
you the cross section of the Tower with where each of the antennas are going to be
located. You can't see very well in this picture on the screen; these packages are in your
Staff Reports. But this is the - compound and this is the - fencing around it and there
will be additional landscaping that goes all the way around outside that."
Discussion continued.
Regarding colors for the proposed Cell Tower, Ms. Solik commented, "It's designed to
blend in with the color of the existing power poles. It's been our experience that this is
the least obtrusive color to paint these - Towers. They really, really blend into the
skyline after they're constructed. We've done Towers that are different colors - paint is
paint." Ms. Solik then explained, "Paint is paint - we'll paint it any color they want. But
it really has been our experience that white is the least obtrusive color."
Further discussion ensued on photographs on the proposed Cell Tower.
Mr. Rob Schmidt, Foresite Group, 231 North Kentucky Avenue, Lakeland, Florida:
addressed the City Commission.
Discussion.
Ms. Solik stated, "This Tower will not look anything like the pole behind City Hall. All
of the antennas will be concealed inside the Tower. It will look like that slim line, white
tapered pole - putting up now. That's the worst it ever looks. There will never be
anything hanging on the outside of it; the co-ax cables run up the inside. The antennas
are in the inside. They're hidden by shrouds. It will not have the different tiers of
antennas.
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CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13, 2007 REGULAR MEETING)
PAGE 7 OF 22
I also put into the Record last week a bunch of pictures of what I call ugly Tower
pictures. There was some monopoles and some lattice Towers; very similar to what's
been constructed on City Hall. It will not look like that. It will look like this. There's no
bait and switch here. That's it. You won't see antennas."
Discussion continued with Mr. Schmidt on the different views from neighborhoods in
Tuscawilla related to the balloon test.
Regarding lights, Mr. Schmidt stated, "First off, there will be no flashing lights on the
Tower." Ms. Solik added, "There won't be any white lights either. No lights at all."
Discussion continued.
Manager McLemore remarked, "I want to make this comment because so much emphasis
is being placed on this by the Applicant and it's common sense that this is good
information and I don't think it's evidence. And the reason it's not evidence because as
you know small amounts of wind changes elevation of these balloons rather dramatically
and that changes factually from picture to picture. And that doesn't mean it's not a
presentation, it's just not evidence."
Further discussion.
Manager McLemore asked, "But you would agree that the height varies with the wind?
That's all I need to put on the Record for the Commission because they're the ones who
have to make the decision, not me."
Discussion.
Ms. Solik stated, "I'm going to put these documents in the Record even though Mr.
McLemore doesn't think they're evidence."
Further discussion.
Ms. Solik said, "These items '500.1', '500.2', '500.3', the City Clerk has labeled all of
these documents as - Record evidence for item' 500'. Can we agree that these documents
are related to all three (3) - items before the Commission, so I don't have duplicate
efforts on each?" City Attorney Anthony A. Garganese replied, "Yes."
Discussion ensued on the Settlement Agreement.
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 8 OF 22
Ms. Solik stated, "We have to meet all of the criteria in the 2006-12 Ordinance for a
Tower. There are objective criteria in that Ordinance regarding setbacks, location,
separation, distances from offsite residential uses - those are set forth in your Staff
Report and your Staff has not taken any issue as to whether we meet the technical criteria
in your Tower Code regarding the Tower's physical location. Your Tower Code also
requires that a Tower have the capability of supporting at least three (3) users. This
Tower does meet that requirement. I have run through the Tier One, Tier Two, and Tier
Three analysis and hopefully I've convinced you that there are no Tier Two sites that are
available or that - are technically feasible and I hope that I've demonstrated that this Tier
Three site is the only one (1) of the Tier Three sites in their ranked order that works for
this Tower.
The other thing that we have to demonstrate to you is that we meet the 'Conditional' -
your general 'Conditional Use' criteria in your Code. And that's set forth in 20-33. (d)
and there are seven (7) criteria. And the first is whether the Applicant has demonstrated
the 'Conditional use, including its proposed scale and intensity, traffic generating
characteristics and offsite impacts is compatible - and harmonious with adjacent land
uses and will not adversely impact land use activities in the various, in the immediate
vicinity. This Tower is not an intense use; it doesn't generate traffic.
Despite the testimony you've heard tonight, it generates very little noise; and creates very
little offsite impact other than visual. And the Staff has recognized that in the Staff
Report. And it will not adversely impact any land use activities in the area. The area is
all developed around this site; those activities can continue as they currently exist. And
the second criteria is whether we've demonstrated the size and shape of this site; the
internal circulation; the design enhancements are adequate to accommodate the proposed
scale and intensity of the. .. "
Tape 2/Side A
Continuing, Ms. Solik said, "... 150' height was selected as the minimum amount of
height that would still allow seven (7) carriers on the pole."
Furthermore, Ms. Solik noted, "The ground compound is limited in size to the fifty by
fifty (50 x 50) with the ten foot (10') landscaping buffer. We've leased the minimum
amount of space necessary. The site doesn't implicate issues such as open space or off
street parking. There is no parking at the site. The third criteria is whether the proposed
use will have an impact on the local economy, including government, fiscal impact,
employment, and property values. There will be no adverse impact on the local
economy. It is not going to put anybody out ofajob. It doesn't really not have any fiscal
impact. It doesn't require any City services be brought to the site. And I put in the
Appraisal information last week that indicated it will not have any adverse impact on
property values.
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 9 OF 22
Criteria (4) is whether the proposed use will have an adverse impact on the natural
environment including air, water and noise pollution, vegetation, and wildlife, open
space, noxious, or desirable vegetation and flood hazards. The site's not being
constructed in a flood zone. Our Site Plan requires that we do all the critter analysis that
goes along with building a site. We will comply with all of those conditions." Ms. Solik
added, "There won't be any gopher tortoise destruction involved with this site."
The fifth criteria is whether the proposed use will have an adverse impact on historic,
scenic, and cultural resources, including views and vistas. I am not aware of any historic
issues out there. Scenic views, again the aesthetics of the Tower. We think we've
demonstrated that we've brought you a site with a minimal visual impact on the
community. And - we can't make them invisible. We just can't - we just can't hide
them. So, there is some view of these Towers above the tree line. We think we've
limited that. We've put it in a densely wooded area, as your Code requires, to help create
additional buffering.
(6) is whether the proposed use will have an adverse impact on public services, that's
including water, sewer, surface water management, Police, Fire, etc. I've already
indicated that the site creates no demand on public services. It will actually, in our view,
enhance your Police and Fire response because you will be adding increased e 9-1-1
coverage; and your local Law Enforcement and Fire Fighters also rely on cell phones.
They will be - increased coverage in this area. We put the article in from Mrs. Rhind
about her incident out in that area and her lack of an ability to contact the Police
Department. That will all be enhanced by this site.
And the final criteria is whether the proposed use will have an adverse impact on housing
and social conditions including variety of housing unit types and prices, neighborhood
quality. It's really a non-issue - the enhanced cell coverage in this area actually will have
a positive impact on the social conditions in the area. You've heard from a number of
folks who testified last week that they want better coverage in Tuscawilla and they need
better coverage in Tuscawilla."
Discussion.
Attorney Garganese said, "As you know, this is a Quasi-Judicial Hearing and a decision
has to be based on a Record and I know all of you know a lot about this but some of the
information that is going to be put into the Record is for the purpose of creating the
Record. "
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CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 10 OF 22
Furthermore, Attorney Garganese noted, "My view on the Settlement Agreement is that -
it was entered into in 1993. There were some discussions or some argument at the last
Meeting that perhaps the Second Amendment to the Settlement Agreement somehow
changed the mandatory nature of the original Settlement Agreement. Just to refresh your
memory, the original Settlement Agreement divides the - Tuscawilla County Club
property into two (2) categories. Development property and golf property and the
Settlement Agreement goes on to say that 'Subject to further approval, the Development
Property shall hereby be developed with sixty-nine (69) single-family detached
residences and the golf property obviously shall be used for purposes of an operation of a
country club, golf course, tennis club, etc.
The Second Amendment was entered into back in 1995-1996 and I went back and pulled
the Minutes of the May 8, 1995 and July 24, 1995 City Commission Meeting. Attached
to those Minutes are Verbatim transcripts of the discussion that went on during that
Meeting and the discussion confirms what my position has been and my position was at
the last Meeting. The purpose of the second amendment was engineering related. It had
nothing to do with changing the mandatory language which I just read into the Record.
There was an engineering issue that was before the owner of the Country Club at that
time and the City Commission agreed after a lot of discussion to the Second Amendment.
And all the second amendment does, is it addresses the lot size and the number of lots on
parcel 7 and parcel 8 along with some other miscellaneous housekeeping measures that
they addressed. So the original language in the Agreement that the development property
shall hereafter be developed with sixty-nine (69) single-family detached residences was
not amended. It was not modified by the Second Amendment. I also remind the
Commission that the original Settlement Agreement was entered into as a Final Order by
the Court. It was not a contract zoning. It was a Settlement and compromise between the
parties which the Court has entered as a Final Order and has been recorded against the
land as a binding obligation on the land."
As to the Settlement Agreement, Attorney Garganese stated, "So, it is a binding
obligation on the City. My opinion, it doesn't allow for Cell Towers. If a Cell Tower is
approved as part of this process, my Opinion remains the same that an Amendment to the
Settlement Agreement must be agreed to between the City and the Club. And I just
would like to enter into the Record my Opinion to that effect which I put in writing along
with the Minutes that I mentioned. There was also some discussion at the last Meeting
about, maybe it was too close to call as to whether or not the proposed Tower was located
on parcel 8 under the Settlement Agreement."
Attorney Garganese then spoke of an old Site Plan from the former owner of the Country
Club.
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PAGE 12 OF 22
Pictures were shown of samples of different types of Cell Tower structures in the Central
Florida area and around the country for the Record.
Mr. Stevenson stated, "I would like to also submit into the Record an email that we
received from FPL (Florida Power & Light), it's actually from Amando Fernandez", and
then read the email.Furthermore.Mr. Stevenson noted, "I would also like to enter into
the Record, a copy of "Above Ground Level", an official trade journal of the "Wireless
Infrastructure Association."
Manager McLemore said, "Based on that information we got from FPL (Florida Power &
Light) that they do in fact allow locations on poles, I asked our Consultant to look at that
potential best site there and see if such a site in fact would work, better than, equally,
general to, or worse than the proposed site at the Country Club. Would you briefly
respond to that Art (Peters), for the Record?"
With further comments, Mr. Peters said, "It appears that FPL (Florida Power & Light) is
describing a canister that sits on the top of one of their poles. That does not allow co-
location. So you would have at most, one (1) carrier or two (2) carriers. You can have
one (I) on each of the parallel poles that are nearby the site. And there is a pair of poles
within a 180' of the proposed site. So, the answer is you could have one (1) carrier on
each pole according to that description - or the letter that was just read in by Randy. I
don't think that that would be enough. First of all, it is only going to be ninety to ninety-
five feet (90-95') above the ground and sometime ago, I believe the Applicant stated that
they needed a ISO' and less than that would give them optimum so we could rehash this
whole thing again but basically I would have to say it probably would not work as
described tonight."
Much discussion.
Attorney Garganese noted for the Record, "The power line has an 'Open space
recreation' Future Land Use designation right behind the driving range."
Discussion.
Ms. Carolyn Wilkinson, Director of Development, Clearwire US LLe, 500 North Willow
Avenue, Suite 101, Tampa, Florida: mentioned they had previously contacted FPL
(Florida Power & Light).
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 11 OF 22
Attorney Garganese said, "Kip [Lockcuff] went digging through his office looking for
maps and he did find a copy of an old Site Plan that was being submitted by the former
owner of the Country Club to develop parcel number 8." Attorney Garganese said, "The
parcel number 8 is 30.195 acres. And Kip [Lockcuff], can you just put that up for the
Record?"
Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "I was able to
compare the legal description from the amended Settlement Agreement and it matched
exactly. I don't think this plan was ever approved. This is the Engineering Plan that I
believe - presented and the monopole falls right here. 1'd say I am within, I used the
Exhibit Z-2 that is in your next Agenda Item submitted by the Applicant which is a scaled
drawing showing the location of the Cell Tower so taking that and scaling off putting on
this plan, this is the location of the monopole plus or minus ten feet (10'). So, it's clearly
the monopole was within the lots as is the rest of the site." Mayor Bush said, "And it is
not on the Golf Course?" Mr. Lockcuff said, "That is correct."
Continuing, Attorney Garganese said, "One other point about the Settlement Agreement,
it does require for further approvals. That is specifically mentioned in the Settlement
Agreement with respect to existing Golf Course uses. It was contemplated that Golf
Course improvements would be relocated in order to accommodate the concept plans that
were attached to the Settlement Agreement. Parcel 8 Concept Plan being generally as
depicted up there on the screen and there is expressed language about moving existing
Golf Course improvements to accommodate those single-family detached residences."
Attorney Garganese noted, "If you recall - in 2001, City of Winter Springs versus State,
that is the Florida Supreme Court case which validated the Tuscawilla Lighting and
Beautification Lighting District Special Assessment. I just want to introduce that case
into the Record. It does discuss Tuscawilla and the City Commission's directive to
beautify the Tuscawilla PUD (Planned Unit Development). In addition, I want to
introduce into the Record documents that you have seen many times over. Those are the
Budgets from 2001-2002 through 2006-2007 for the TLBD [Tuscawilla Lighting and
Beautification Lighting District] Special Assessment area. Those Budgets obviously
include millions of dollars in public improvements to beautify the Tuscawilla area along
with ongoing maintenance and the hundreds of thousands of dollars every year. So, I
would like to introduce those as Exhibits."
Regarding the Tuscawilla Lighting and Beautification Lighting District and related
pictures that were displayed, Mr. Randy Stevenson, ASLA, Director, Community
Development Department commented that, "These are just evidences that indicate - that
Tuscawilla has been beautified and continues to be beautified to a large extent by efforts
of the City and to the Staff, ongoing efforts in terms of maintenance and this is the result
of the case whereby millions - of dollars have been spent on capital expenditure, and
hundreds of thousands continue to be spent yearly on maintenance."
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUA nON FROM THE AUGUST 13, 2007 REGULAR MEETING)
PAGE 13 OF 22
Mayor Bush asked, "Did they respond to you in writing?" Ms. Wilkinson responded,
"My staff contacted them, and it was either email or telephone calls. But we put in
Applications; we put in photos sims of what we want to do with them. Progress Energy,
which is known now as PT Access, those are the lines that you see that are full of the
antennas. We use those lines as oft as we can. We actually prefer to use power lines;
because when we go on power lines, we avoid a lot of what we're going through tonight.
But, both of those Applications were rejected, they didn't respond to us. In other words,
they didn't deny those Applications, they contacted us and said 'No, we won't allow
access to our power lines'."
Mr. Dan Babilla, Senior Radio Frequency Engineer, T-Mobile, 200 Telcom Drive, Winter
Springs, Florida: commented "Ninety foot (90') would not work for us. The issue is
providing the coverage - it is basically at 1900 megahertz, it is a higher frequency, a
smaller wave length and it requires more height, a better line of sight to give the same
coverage at 800."
Mr. Peters said, "The ninety feet (90') has to do with how far the signal goes from the
antenna to the receiver and how much of that is in leaves and is shielded by vegetation -
the worse case would be if you were down into the trees, the transmission distance would
be the shortest. As you get up higher and higher and higher, the signal radiates from the
transmission point down to the receiver and most of the path is not in the trees, it's just in
the trees at the receiving end. So, that is why you get better signal strength."
Mr. Craig O'Neill, Radio Frequency Engineer, metroPCS Inc., 8256 Exchange Drive,
Suite 210, Orlando, Florida: regarding the Florida Power poles, Mr. O'Neil said, "We
were told that we could not utilize that."
Mayor Bush asked, "Florida Power [& Light] told you that you could not use them." Mr.
O'Neil said, "Yes. It was Florida Power [& Light]." Mayor Bush said, "Did they give it
to you in writing?" Mr. O'Neil said, "I do not know exactly. I don't have that with me,
but I can check back with our site acquisition group to find out for sure."
Continuing, Mr. O'Neil said, "We are going on the Vertex [Development, LLC] Tower at
lOS' and that's not our ideal height, but we're accepting it. Ninety feet (90') would be a
little lower than that, we could probably make that work." Mr. O'Neil then spoke of the
need for a particular location.
Mr. Dan Wehmeyer, AT&T, 1101 Greenwood Boulevard, Lake Mary, Florida: stated,
"The power line height of ninety feet (90') would be usable; it's a matter of how well you
cover the area. And it becomes a cost benefit balance where if you're come in and say
yes, I can put it at ninety feet (90') and only accomplish - forty-five percent (45%) of my
intended design, then it becomes, is it really worth it. To really prevent us from having to
build more Towers in more areas, the height that we're looking at on this Tower would
be quite acceptable."
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 14 OF 22
Discussion.
Commissioner Gilmore said, "This Commission specifically told the Staff to come back
with an analysis of the Towers of the Tier Two site, and the Tier Three site to investigate
using the micro cells, so this is not new. From our perspective, we told the Staff they
have to report back to that and that is why we are telling them."
Attorney Garganese said, "The Ordinance that was approved in 2006 requires that there
be competent substantial evidence be placed in the Record that a Tier One and a Tier
Two site are not viable before you go to Tier Three. What is before you is a Tier Three
Application. So, there needs to be this discussion as to whether or not a co-location on a
power pole is allowed or acceptable because that is a Tier Two site."
Manager McLemore said, "If it is your decision to delay this until the next Meeting
which you still have time to do, then we would not have any further comments at this
time and we will come back to you with our wrap-up comments in writing."
Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs
Boulevard, Winter Springs, Florida: stated, "I have a statement from the Owner I can
read."
"The ownership of Tuscawilla Country Club was approached roughly two (2) years ago
about placing a Cell Tower on our property. It was presented to us that an area of the
Club's property would be the best location within the Tuscawilla community for such a
structure. We entered into a contract with the Applicant for two (2) reasons. One (1), a
potential economic benefit to us and two (2), the clear need for improved cell phone
reception in the surrounding area. We obviously relied on the knowledge and experience
of the Applicant regarding the merits of the site, from an operational perspective and
determine first hand that the site would be, the site would provide limited...
Tape 2/Side B
. . . the structure compared to many other locations. We understand that the Settlement
Agreement between Tuscawilla Country Club and the City of Winter Springs was
brought up in connection with the Cell Tower Application. When we signed the contract,
it did not occur to us that the Settlement Agreement was relevant, since it was and
remains our understanding of the Agreement entered into before our involvement with
the property, granted rights for residential development on the Golf Course and did not
address the issue of a Cell Tower. Since the Settlement Agreement is between Winter
Springs and the Tuscawilla Country Club, we believe that it goes without saying that any
future mutual agreement between the same two (2) parties would be valid.
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MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 15 OF 22
If the City Commissioners determine that this is not the case, we would respond
appropriately. We do not believe that the Cell Tower Application should be reviewed -
I'm sorry - we do believe that the Cell Tower Application should be reviewed on its
merits and that the time has come for a decision to be made. While we don't believe that
any linkage between the rights granted in the Settlement Agreement and the merits of the
Cell Tower Application should be necessary, we want to remind all concerned that we
have made clear our position that it would be in the best interest of the City of Winter
Springs and the Tuscawilla Country Club to transfer the development rights to the
adjacent property to be purchased and deed restrict the Golf Course property subject to its
present usage.
Based on long standing representations to us about the preference of the City, this
appears to be the logical, mutually beneficial solution. We've endeavored to have a
positive impact on the community and the City throughout our stewardship at Tuscawilla
Country Club. We ask for no special treatment and want only that we and the Applicant
be treated fairly and equitably by all involved in the process. We appreciate the efforts of
the City Manager, the City Attorney, the Mayor and the Commissioners, in analyzing this
matter and trust that good decisions will be made that both uphold property rights and
benefit the residents and businesses of Winter Springs."
Attorney Garganese asked Mr. Gardner, "Can you clarify what you mean by transfer
development rights? Transfer from where to where?" Mr. Gardner replied, "I'm not
really in that position to unfortunately answer any direct questions. Basically as the
operator, we've got to deal with the day-to-day business. If you do have specific
questions, I think they can be directed back to the Owner. Unfortunately, the Owner is
not local. That's why I'm here just reading a statement that basically I received today."
Further discussion.
Attorney Garganese said, "The Manager sent the Club a letter asking for a Waiver of the
ninety (90) day time period that we're operating under pursuant to Florida Statute, which
in my view, expires September 7th. I think the Applicant took the - position that expires
August 30th, but I think if I read her email correctly, they would agree to the September
7th - so you have until that time to clear up all loose ends. I don't think at this juncture
you're going to clear up the loose ends before that deadline. So, if the Commission was
inclined to approve this Application, then you would have to approve it contingent upon
clearing up those loose ends with the Settlement Agreement because of my position that I
previously took."
Furthermore, Attorney Garganese commented, "My position is that the Settlement
agreement must be amended to accommodate a Tower because ofthe development rights
that were granted for parcel 8."-
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 160F22
Commissioner Rick Brown asked Manager McLemore, "Would you and Staff be able to
bring this back all the technical information for other alternatives by the next Meeting?"
Manager McLemore replied, "I don't know that there would be any other technical
information to bring to the Record." Manager McLemore continued, "The only thing that
might be is whether the canisters are limited to just one (1) antenna, which would cause it
to proliferate the number of sites and that's the only thing I would know to clear up at this
point in time relative to technology."
Mr. Stevenson commented, "I just want to clarify again - FPL (Florida Power & Light)
told us it would take about two (2) weeks; tomorrow is two (2) weeks on these issues
were we sent them the pole numbers. We would hope to clarify that before the next
Meeting. I can't guarantee that obviously. But as soon as we clarify it, we'll certainly
make the information available to the City Manager. But they are responding to our
request specifically in Winter Springs; specifically to pole locations identified by
number."
Mayor Bush asked, "How many poles did you give them?" Mr. Stevenson replied, "We
just gave - the two (2) closest. They said they just needed two (2). We gave them the
numbers off those two (2) poles. Those are the ones at 180'." Mayor Bush asked, "And
two (2) poles would take care of four (4) providers?" Mr. Stevenson replied, "I don't
know that. Again, they have not recovered the details any further than the letter I read to
you tonight."
Deputy Mayor McGinnis asked Attorney Garganese, "Do you anticipate any problems to
modify the Settlement Agreement; to come to an agreement on that?" Attorney
Garganese replied, "I wouldn't know that until that we formally got into negotiations
about the Amendment of the Settlement Agreement. Can it be done? Yes." Deputy
Mayor McGinnis asked, "Could that be a quick process if everyone were in agreement?"
Manager McLemore replied, "That would depend on who has authority to make
decisions and can you get them here."
Mr. Gardner commented, "I can look at this and say that the ball's already in motion for
the transfer of those rights, which I kind of put the two (2) together and say that that
would mean that 'Yes, they're open to amendments'. So, I would have to say that
, Yes' . "
Commissioner Robert S. Miller stated, "Point of clarification" and spoke about the
power pole issue.
Commissioner Gilmore suggested that Mr. Stevenson speak to Florida Power [& Light],
about the height of the poles, how many carriers they permit on a pole, and the span
between the poles.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE I70F22
Mr. Peters commented, "I just measured the spans along that run of poles and they are
about 633' approximately."
Discussion.
Mayor Bush called a Recess at 7:42 p.m.
The Special Meeting was called back to Order at 8:00 p.m.
Manager McLemore remarked, "We would prefer to be able to come back to you with a
very clearly laid out in writing summary that attaches your alternatives to basic findings
based on the Record that we had in the first Hearing and everything that we've heard
tonight. Just to make it very, very clear to everyone what the relevant facts are and the
Findings relative to the applying the Law to this Application. And for that reason our
preference would be to bring this back at your next Meeting with an attempt to try to get
another answer on clarification from FPL (Florida Power & Light) and to provide you a
very, very clear thoroughly written summary of this proceeding for you to make your
final decision on."
Ms. Solik addressed the City Commission further on this Application.
Discussion.
Commissioner Krebs asked Ms. Solik, "Did you ask us not to consider any Settlement
Agreement? Is that what you said?" Ms. Solik replied, "I would prefer an approval
without a condition that the Settlement Agreement be modified. It's a condition I cannot
comply with. It's not really an approval to me. I can't comply with that. I'm not a party
to that Agreement; I don't control the process. It's a condition I cannot comply with."
Attorney Garganese commented, "I just wanted to clarify that - Ron (McLemore) is not
talking about coming back with a Final Order. He's talking about coming back with an
Agenda Item that's clarifying what the options are."
Attorney Garganese remarked, "My recommendation is that if you're going to approve
this Tower on parcel 8 that it be subject to an Amendment to that Settlement Agreement
because of the importance and the significance of that Agreement. And that Settlement
Agreement right now is between the Tuscawilla Country Club, their owners, and the City
of Winter Springs. How it got this far, I'll leave to them, but it's an issue that needs to be
addressed. "
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 18 OF 22
Mayor Bush asked Mr. Peters, "Based upon everything you've heard and you've been
through all of this - say they agree - to put them on there, is that really going take care of
the problem - providing service to the Tuscawilla area for the self carriers or not?" Mr.
Peters replied, "The answer to your question is it will for a couple of carriers, but it won't
for the rest."
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE CITY
MANAGER TO COMPILE AND PRESENT HIS FINAL REPORT OUTLINING
ALL THE AVAILABLE OPTIONS AND STAFFS RECOMMENDATION,
DIRECTION BY THE NEXT MEETING OR SOON THEREAFTER." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
ATTORNEY GARGANESE SAID, "JUST FOR THE RECORD, THE NEXT
MEETING IS AUGUST 27TH [2007], AT 5:15 [P.M.]."
VOTE:
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Ms. Solik advised the City Commission that she had to attend the next Seminole County
Board of Adjustment Hearing Monday [August 27,2007] at 6:00 p.m. and asked, "Can 1
have a very late slot on your Agenda here?" Mayor Bush remarked, "Why don't we just
take it when you get here."
Regarding the other related Public Hearings for the next Agenda, Attorney Garganese
said, "I would just agenda it and if the item comes up and it's not ready to go we'll just
Table it during the Meeting." Attorney Garganese continued, "Just for clarification,
when 1 say Table, just Table it until the Attorney arrives."
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 19 OF 22
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA
ITEMS WERE NOT VOTED ON AT THIS MEETING. .:. .:.
PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED ON THE
AUGUST 13,2007 REGULAR MEETING AGENDA
PUBLIC HEARINGS
500.2 Community Development Department
Requests The City Commission Review The Vertex Development, LLC
Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla
Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit
Development (PUD).
PUBLIC HEARINGS
500.3 Community Development Department
Requests The City Commission Review The Vertex Development, LLC
Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty
Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer
On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs
Boulevard), In the Tuscawilla Planned Unit Development (PUD).
Manager McLemore left the Commission Chambers at approximately 8: 15 p. m.
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, AS DOCUMENTED. .:..:.
REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST
13,2007 REGULAR MEETING AGENDA
REGULAR
602. Community Development Department
Requests That The City Commission Review The Situation Regarding Zero Lot
Line Developments With PUD (Planned Unit Developments) Zoning And Provide
Direction.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item.
Discussion.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20,2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 20 OF 22
Mayor Bush asked, "You mean the HOA (Homeowner's Association) documents take
precedent over the City Codes?" Mr. Baker replied, "No, sir." Mr. Baker continued,
"The most restrictive applies." Mayor Bush asked, "What if theirs is more restrictive
than ours?" Mr. Baker replied, "Then that applies, yes Sir." Mayor Bush asked, "The
HOA (Homeowner's Association's) applies?" Mr. Baker replied, "Yes, sir." Mayor
Bush then asked, "What if the HOA (Homeowner's Association's) has expired, then it's
the City right?" Mr. Baker noted, "That's a complication that we have consulted the
Attorney on, and I'm not sure of the answer on that."
Further discussion.
"I MAKE A MOTION THAT WE CHANGE THE ORDINANCE TO ALLOW
SCREENED ENCLOSURES IN ACCORDANCE WITH THE CODES WITH
IMPERVIOUS ROOFS." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER GILMORE ADDED, "SCREENED PORCHES WITH
IMPERVIOUS ROOFS."
Tape 3/Side A
COMMISSIONER GILMORE REMARKED, "I AM NOT SURE THAT IT
SHOULD APPLY TO ANY."
COMMISSIONER BROWN SAID TO COMMISSIONER GILMORE, "I
ASSUMED THAT YOUR MOTION WAS TO JUST MAKE THE IMPERVIOUS
ROOF THE SAME AS THE SCREEN ROOF?" COMMISSIONER GILMORE
STATED, "THAT IS CORRECT." COMMISSIONER BROWN NOTED, "SO
THAT MEANS WE JUST GO TO SEVEN FEET (7') ACROSS THE BOARD."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
"I MOVE THAT WE HAVE STAFF GIVE US A ROUGH ESTIMATE, I KNOW
IT CAN'T BE EXACT, OF THE COSTS TO THE CITY FOR PEOPLE
APPLYING FOR A VARIANCE." MOTION BY DEPUTY MAYOR MCGINNIS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
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MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 21 OF 22
VOTE:
COMMISSIONER BROWN : NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: NAY
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush mentioned an email from a resident about a damaged recycling bin.
Manager McLemore returned to the Commission Chambers at 8:36 p.m.
With discussion, Mayor Bush commented on Resolution 2004-41 which includes Fees for
replacement bins.
"I WOULD LIKE TO MAKE A MOTION THAT WE AMEND THAT -
DOCUMENT THAT YOU ARE TALKING ABOUT, THAT IF A RESIDENT
BRINGS IN SOMETHING THAT HAS BEEN DAMAGED AND I WOULD SAY
TO NO FAULT OF THEIR OWN, AND I DON'T KNOW HOW YOU TELL
THAT, THAT WE REPLACE IT FREE OF CHARGE." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN.
DISCUSSION.
COMMISSIONER KREBS STATED, "EXCHANGE."
MAYOR BUSH NOTED, "2004-41, RESOLUTION, TALKS ABOUT THE
RECYCLE BIN POLICY." FURTHERMORE, MAYOR BUSH STATED, "SO
WE WOULD BE AMENDING RESOLUTION 2004-41 TO ALLOW FOR THE
EXCHANGE OF DAMAGED RECYCLED BIN."
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush then mentioned a bill for the Conference of Mayors and said that, "I am not
going to recommend paying this unless the Commission thinks we should." Deputy
Mayor McGinnis stated, "No." Commissioner Krebs remarked, "No."
Commissioner Krebs then spoke of Winding Hollow trash cans.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 22 OF 22
ADJOURNMENT
Mayor Bush adjourned the Special Meeting at 8:41 p.m.
RESPECTFULLY SUBMITTED:
DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
MAYOR JOHN F. BUSH
NOTE: These Minutes were approved at the
, 2007 Regular City Commission Meeting.
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CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING
AUGUST 20, 2007
CALL TO ORDER
The Special Meeting of Monday, August 20, 2007 of the City Commission was called to
Order by Mayor John F. Bush at 5:15 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 Sally McGinnis, present
Commissioner Robert S. Miller, present
Commissioner Rick Brown, present
Commissioner Donald A. Gilmore, present
Commissioner Joanne M. Krebs, present
City Manager Ronald W. McLemore, present
City Attorney Anthony A. Garganese, present
A moment of silence was followed by the Pledge of Allegiance.
.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
HEARD FIRST, FOLLOWED BY THE REST OF THE AGENDA, AS
DOCUMENTED. .:. .:.
REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST
13,2007 REGULAR MEETING AGENDA
REGULAR
601. Community Development Department - Planning Division
Along With The Seminole County School Board Wishes To Brief The Commission
On The Draft 2007 Interlocal Agreement For Public School Facility Planning And
School Concurrency And Ordinance Number 2007-22, A Large Scale
Comprehensive Plan Text Amendment, Establishing A Public School Facilities
Element And Amending The Capital Improvements And The Intergovernmental
Coordination Elements Consistent With Chapter 163, Florida Statutes.
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development
Department advised the City Commission that, "This item is just to introduce you to
something that is coming back to you on September 10th."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 2 OF 22
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM WAS DISCUSSED IN THE ORDER DOCUMENTED. .:. .:.
PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED AND
PARTIALLY DISCUSSED ON THE AUGUST 13, 2007 REGULAR
MEETING AGENDA.
PUBLIC HEARINGS
500.1 Community Development Department
Requests The City Commission Review Vertex Development, LLC's Request For A
Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site,
At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The
Tuscawilla Planned Unit Development (PUD).
Mayor Bush noted, "We will continue with the Public Hearing on '500.1' which was-
going when we suspended the Meeting."
City Manager Ronald W McLemore said, "Point of Order" and explained how this
Agenda Item would proceed.
Mayor Bush welcomed former City Commissioner Michael S. Blake.
Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite
1800, Orlando, Florida: representing Vertex Development, LLC stated, "Things I need
to put in the Record - the first is the Commission Agenda Item Number '308' from the
January 23,2006 Commission Meeting, where the Staff presented to the Commission the
letter I wrote to the City Staff, informing the City that the [Tuscawilla] Country Club and
Vertex [Development, LLC] had entered into a lease agreement for a unipole on the
[Tuscawilla] Country Club property. And the next few documents I want to put in the
Record are the various leases and letters of intent from the providers that have signed up
to go on this Tower; and that would be the T-Mobile lease, the Clearwire [US LLC], the
metroPCS lease, the Sprint letter of intent and the Verizon [Wireless] letter of intent. So,
I'm going to put all those things in the Record.
And I also have a letter, that I think was provided to you, Commissioners, by Jackie
Clement - I know she received a lot of correspondence on this issue and I don't know
how much of that you're actually putting in the Record. I'm aware of this letter and I do
believe that at least the Mayor got this letter. And it was, Ms. Clement lives in Winter
Springs; lives in Country Club Village, and is in support of the Tower."
Ms. Solik showed a map for the Record of a Future Land Use Map of the City of Winter
Springs and commented on this issue.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 3 OF 22
Regarding the Water Treatment Plant location, Commissioner Donald A. Gilmore asked,
"So, is it fair or unfair to say that you went to a similar height that you have at the
[Tuscawilla] Country Club site?" Ms. Solik replied, "1 think it's fair to say they went at
similar or higher heights and could not get sufficient coverage on that site to warrant
building it."
Commissioner Gilmore asked, "Does our Consultant concur with those results?"
Mr. Art Peters, 5422 Northwest 9 rl Boulevard, Gainesville, Florida: addressed the City
Commission.
Manager McLemore asked, "Has all of the RF (Radio frequency) information been
supplied to Mr. Peters for evaluation?" Ms. Solik replied, "1 did not give him the
Cingular [Wireless] information. 1 didn't get the Cingular [Wireless] information until 1
walked into the Hearing last time. Mr. Peters' Report prepared on August 11th does
indicate that he was supplied with sufficient information though to make an analysis as to
whether the Country Club site was the most suitable location; and he came to that
conclusion. "
Manager McLemore asked Ms. Solik, "Is Cingular information available to Mr. Peters?"
Ms. Solik replied, "Yes."
Regarding whether the Water Treatment Plant was an unacceptable site, Mr. Peters
commented, "I checked the Water Treatment Plant and it is not adequate. Not at the
heights that we're talking about."
Commissioner Gilmore said, "I want somebody on the Record to tell me what height.
We're looking at 150 up top. Are we looking at 150' down at the Water Treatment
Plant?" Mr. Peters replied, "Anywhere up to 200'." Commissioner Gilmore then stated,
"So, up to 200, it would not have been acceptable?" Mr. Peters replied, "That's correct."
Furthermore, Commissioner Gilmore commented, "1 know there's approximately a
twenty foot (20') difference in the elevation, ground elevation, between the Water
Treatment Plant and the site up on the hill, so, if - you're a 150' up there to get to equal
height, you'd have to be 170 down at the [Water] Treatment [Plant]." Mr. Peters
remarked, "That's correct." Commissioner Gilmore continued, "As far as your
professional opinion is, it will not service the needs?" Mr. Peters replied, "That is
correct. "
Regarding AT&T expanding their Tower at the Oviedo [Marketplace] Mall, Mr. Peters
noted, "1 may already have that in the information that 1 analyzed. I'd really have to
work it out."
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PAGE 4 OF 22
Discussion continued.
Ms. Solik referenced some maps shown for the Record at a previous Meeting, and again
showed some maps from the August 13, 2007 Regular City Commission Meeting.
Mr. Dan Babilla, Senior Radio frequency Engineer, T-Mobile, 200 Telcorn Drive, Winter
Springs, Florida: showed a map regarding a City plant that showed Tuscawilla coverage.
Further discussion.
Continuing, Mr. Babilla reviewed maps regarding area coverage.
Discussion continued.
Further discussion.
Regarding ground equipment, Mr. Babilla commented, "T -Mobile uses generators;
they're small."
Mr. Bill Brown, General Contractor, 815 South Kings Avenue, Brandon, Florida:
addressed the City Commission regarding generator and sound levels.
Discussion.
Deputy Mayor Sally McGinnis asked, "We don't know how many generators will be at
this site, do we?" Mr. Brown replied, "1 think we end up three (3). T-Mobile always
uses a generator; Verizon [Wireless] uses a generator; SprintlNextel uses one. Three
(3). "
Manager McLemore asked, "How do you attenuate the generator noise?" Mr. Brown
commented, "They're packaged units in an enclosure that has some soundproofing on it."
Manager McLemore said, "So, the answer to that question is factory installed equipment.
There's nothing in addition to that you would do other than what's already factory-
installed in the box?" Mr. Brown replied, "Correct." Manager McLemore remarked,
"So, we need to know some numbers on that."
Tape I/Side B
Regarding the ground equipment, Commissioner Joanne M. Krebs asked, "Do you have
any pictures to show us a similar site, what it would look like, because there are residents
that are very concerned about the aesthetic look of the area."
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PAGE 5 OF 22
Ms. Solik replied, "The compound is actually fenced in and landscaped all the way
around. And the compound area is in the middle of a wooded area on the Golf Course.
The compound area will not be visible. When you combine the existing landscaping and
vegetation of the site that's been chosen, along with the required landscaping around the
outside edge; there's a ten foot (10') landscape buffer all the way around." Ms. Solik
continued, "And there's 2500' oflandscaping that's going in on this that will- screen that
base equipment from view."
With further discussion on the decibel output of the generators, Ms. Solik stated, "It
doesn't exceed the Noise Ordinance, I guarantee that, and if it does - we'll get rid of the
generators. "
Manager McLemore commented, "These generators are test run from time to time, I've
got to believe, because ours are." Commissioner Krebs remarked, "Once a month they
told us." Commissioner Gilmore remarked, "I agree that we need to see the sound level
of the generator, but one (1) generator by itself doesn't mean anything. We need to see
the whole package."
Commissioner Gilmore said, "The neighbors have been very concerned about the noise
level. And I know when you fire up a 3600 RPM (Revolutions Per Minute), twenty-five
(25) kW diesel generator, it tends to be quite noisy. I've been around these things with
hush boxes around them and they're very quiet. But, I guess where we're coming from,
we're putting the responsibility on you people to make sure these are quiet machines.
And if you have to go to an 1800 RPM (Revolutions Per Minute) - then you do that."
Mr. Alan Ruiz, Vertex Development, LLe, 405 South Dale Mabry Highway, #244,
Tampa, Florida: commented, "In order to comply with any concerns that you have with
these generators, we would be happy to take as a condition that the generators have hush
boxes placed on them and also that they do not exceed your Noise Ordinance, as it stands
in any way."
Commissioner Gilmore asked, "As a total of all of them together running?" Mr. Ruiz
replied, "Absolutely."
Continuing, Commissioner Gilmore commented, "One of the things is, there's been quite
a few statements made about this being in the middle of the trees and a well protected site
- towards the number one (1) hole. I agree, there's a lot of trees - but towards the power
lines, there aren't many trees and there is certainly - no trees along the little road coming
in with the concrete path there. So, I think we're going to want to see a real good job of
landscaping, if this thing is allowed, because the landscaping that's there now is
absolutely minimal."
Discussion.
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Deputy Mayor McGinnis asked, "Did I hear you correctly, a moment ago, in reference to
the generators, did you say if that's an area of concern, do without generators?" Ms.
Solik replied, "No, I said we would accept a condition - that we comply with..." Deputy
Mayor McGinnis said, ".. .No, it was before that." Ms. Solik stated, "No." Ms. Solik
continued, "If we exceed them, then we'd be in Violation with your Code and the City
could site - Vertex [Development, LLC] for Violation of the Noise Ordinance."
Mayor Bush noted, "I think the only difference is, and Mr. Gilmore just stated this, that
collectively they'd have to be under the Code, not individually." Ms. Solik replied, "And
we will agree to a condition to that affect."
Next, Ms. Solik showed a Forsite Group map of the proposed Tower location; followed
by a photo of what the proposed Cell Tower would look like.
Regarding the dimensions of the proposed Cell Tower, Ms. Solik said, "It's about five
feet (5'), five and a half feet (5 W) in diameter at the bottom and it tapers up eighty feet
(80'). And then at eighty feet (80') on, it is three feet (3') in diameter. And we showed
you the cross section of the Tower with where each of the antennas are going to be
located. You can't see very well in this picture on the screen; these packages are in your
Staff Reports. But this is the - compound and this is the - fencing around it and there
will be additional landscaping that goes all the way around outside that."
Discussion continued.
Regarding colors for the proposed Cell Tower, Ms. Solik commented, "It's designed to
blend in with the color of the existing power poles. It's been our experience that this is
the least obtrusive color to paint these - Towers. They really, really blend into the
skyline after they're constructed. We've done Towers that are different colors - paint is
paint." Ms. Solik then explained, "Paint is paint - we'll paint it any color they want. But
it really has been our experience that white is the least obtrusive color."
Further discussion ensued on photographs on the proposed Cell Tower.
Mr. Rob Schmidt, Foresite Group, 231 North Kentucky Avenue, Lakeland, Florida:
addressed the City Commission.
Discussion.
Ms. Solik stated, "This Tower will not look anything like the pole behind City Hall. All
of the antennas will be concealed inside the Tower. It will look like that slim line, white
tapered pole - putting up now. That's the worst it ever looks. There will never be
anything hanging on the outside of it; the co-ax cables run up the inside. The antennas
are in the inside. They're hidden by shrouds. It will not have the different tiers of
antennas.
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PAGE 7 OF 22
1 also put into the Record last week a bunch of pictures of what 1 call ugly Tower
pictures. There was some monopoles and some lattice Towers; very similar to what's
been constructed on City Hall. It will not look like that. It will look like this. There's no
bait and switch here. That's it. You won't see antennas."
Discussion continued with Mr. Schmidt on the different views from neighborhoods in
Tuscawilla related to the balloon test.
Regarding lights, Mr. Schmidt stated, "First off, there will be no flashing lights on the
Tower." Ms. Solik added, "There won't be any white lights either. No lights at all."
Discussion continued.
Manager McLemore remarked, "I want to make this comment because so much emphasis
is being placed on this by the Applicant and it's common sense that this is good
information and 1 don't think it's evidence. And the reason it's not evidence because as
you know small amounts of wind changes elevation of these balloons rather dramatically
and that changes factually from picture to picture. And that doesn't mean it's not a
presentation, it's just not evidence."
Further discussion.
Manager McLemore asked, "But you would agree that the height varies with the wind?
That's all 1 need to put on the Record for the Commission because they're the ones who
have to make the decision, not me."
Discussion.
Ms. Solik stated, "I'm going to put these documents in the Record even though Mr.
McLemore doesn't think they're evidence."
Further discussion.
Ms. Solik said, "These items '500.1', '500.2', '500.3', the City Clerk has labeled all of
these documents as - Record evidence for item '500'. Can we agree that these documents
are related to all three (3) - items before the Commission, so 1 don't have duplicate
efforts on each?" City Attorney Anthony A. Garganese replied, "Yes."
Discussion ensued on the Settlement Agreement.
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PAGE 8 OF 22
Ms. Solik stated, "We have to meet all of the criteria in the 2006-12 Ordinance for a
Tower. There are objective criteria in that Ordinance regarding setbacks, location,
separation, distances from offsite residential uses - those are set forth in your Staff
Report and your Staff has not taken any issue as to whether we meet the technical criteria
in your Tower Code regarding the Tower's physical location. Your Tower Code also
requires that a Tower have the capability of supporting at least three (3) users. This
Tower does meet that requirement. I have run through the Tier One, Tier Two, and Tier
Three analysis and hopefully I've convinced you that there are no Tier Two sites that are
available or that - are technically feasible and I hope that I've demonstrated that this Tier
Three site is the only one (1) of the Tier Three sites in their ranked order that works for
this Tower.
The other thing that we have to demonstrate to you is that we meet the 'Conditional' -
your general 'Conditional Use' criteria in your Code. And that's set forth in 20-33. (d)
and there are seven (7) criteria. And the first is whether the Applicant has demonstrated
the 'Conditional use, including its proposed scale and intensity, traffic generating
characteristics and offsite impacts is compatible - and harmonious with adjacent land
uses and will not adversely impact land use activities in the various, in the immediate
vicinity. This Tower is not an intense use; it doesn't generate traffic.
Despite the testimony you've heard tonight, it generates very little noise; and creates very
little offsite impact other than visual. And the Staff has recognized that in the Staff
Report. And it will not adversely impact any land use activities in the area. The area is
all developed around this site; those activities can continue as they currently exist. And
the second criteria is whether we've demonstrated the size and shape of this site; the
internal circulation; the design enhancements are adequate to accommodate the proposed
scale and intensity of the.. . "
Tape 2/Side A
Continuing, Ms. Solik said, "... 150' height was selected as the minimum amount of
height that would still allow seven (7) carriers on the pole."
Furthermore, Ms. Solik noted, "The ground compound is limited in size to the fifty by
fifty (50 x 50) with the ten foot (10') landscaping buffer. We've leased the minimum
amount of space necessary. The site doesn't implicate issues such as open space or off
street parking. There is no parking at the site. The third criteria is whether the proposed
use will have an impact on the local economy, including government, fiscal impact,
employment, and property values. There will be no adverse impact on the local
economy. It is not going to put anybody out ofajob. It doesn't really not have any fiscal
impact. It doesn't require any City services be brought to the site. And I put in the
Appraisal information last week that indicated it will not have any adverse impact on
property values.
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PAGE 9 OF 22
Criteria (4) is whether the proposed use will have an adverse impact on the natural
environment including air, water and noise pollution, vegetation, and wildlife, open
space, noxious, or desirable vegetation and flood hazards. The site's not being
constructed in a flood zone. Our Site Plan requires that we do all the critter analysis that
goes along with building a site. We will comply with all of those conditions." Ms. Solik
added, "There won't be any gopher tortoise destruction involved with this site."
The fifth criteria is whether the proposed use will have an adverse impact on historic,
scenic, and cultural resources, including views and vistas. I am not aware of any historic
issues out there. Scenic views, again the aesthetics of the Tower. We think we've
demonstrated that we've brought you a site with a minimal visual impact on the
community. And - we can't make them invisible. We just can't - we just can't hide
them. So, there is some view of these Towers above the tree line. We think we've
limited that. We've put it in a densely wooded area, as your Code requires, to help create
additional buffering.
(6) is whether the proposed use will have an adverse impact on public services, that's
including water, sewer, surface water management, Police, Fire, etc. I've already
indicated that the site creates no demand on public services. It will actually, in our view,
enhance your Police and Fire response because you will be adding increased e 9-1-1
coverage; and your local Law Enforcement and Fire Fighters also rely on cell phones.
They will be - increased coverage in this area. We put the article in from Mrs. Rhind
about her incident out in that area and her lack of an ability to contact the Police
Department. That will all be enhanced by this site.
And the final criteria is whether the proposed use will have an adverse impact on housing
and social conditions including variety of housing unit types and prices, neighborhood
quality. It's really a non-issue - the enhanced cell coverage in this area actually will have
a positive impact on the social conditions in the area. You've heard from a number of
folks who testified last week that they want better coverage in Tuscawilla and they need
better coverage in Tuscawilla."
Discussion.
Attorney Garganese said, "As you know, this is a Quasi-Judicial Hearing and a decision
has to be based on a Record and I know all of you know a lot about this but some of the
information that is going to be put into the Record is for the purpose of creating the
Record. "
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PAGE 10 OF 22
Furthermore, Attorney Garganese noted, "My view on the Settlement Agreement is that -
it was entered into in 1993. There were some discussions or some argument at the last
Meeting that perhaps the Second Amendment to the Settlement Agreement somehow
changed the mandatory nature of the original Settlement Agreement. Just to refresh your
memory, the original Settlement Agreement divides the - Tuscawilla County Club
property into two (2) categories. Development property and golf property and the
Settlement Agreement goes on to say that 'Subject to further approval, the Development
Property shall hereby be developed with sixty-nine (69) single-family detached
residences and the golf property obviously shall be used for purposes of an operation of a
country club, golf course, tennis club, etc.
The Second Amendment was entered into back in 1995-1996 and I went back and pulled
the Minutes of the May 8, 1995 and July 24, 1995 City Commission Meeting. Attached
to those Minutes are Verbatim transcripts of the discussion that went on during that
Meeting and the discussion confirms what my position has been and my position was at
the last Meeting. The purpose of the second amendment was engineering related. It had
nothing to do with changing the mandatory language which I just read into the Record.
There was an engineering issue that was before the owner of the Country Club at that
time and the City Commission agreed after a lot of discussion to the Second Amendment.
And all the second amendment does, is it addresses the lot size and the number of lots on
parcel 7 and parcel 8 along with some other miscellaneous housekeeping measures that
they addressed. So the original language in the Agreement that the development property
shall hereafter be developed with sixty-nine (69) single-family detached residences was
not amended. It was not modified by the Second Amendment. I also remind the
Commission that the original Settlement Agreement was entered into as a Final Order by
the Court. It was not a contract zoning. It was a Settlement and compromise between the
parties which the Court has entered as a Final Order and has been recorded against the
land as a binding obligation on the land."
As to the Settlement Agreement, Attorney Garganese stated, "So, it is a binding
obligation on the City. My opinion, it doesn't allow for Cell Towers. If a Cell Tower is
approved as part of this process, my Opinion remains the same that an Amendment to the
Settlement Agreement must be agreed to between the City and the Club. And I just
would like to enter into the Record my Opinion to that effect which I put in writing along
with the Minutes that I mentioned. There was also some discussion at the last Meeting
about, maybe it was too close to call as to whether or not the proposed Tower was located
on parcel 8 under the Settlement Agreement."
Attorney Garganese then spoke of an old Site Plan from the former owner of the Country
Club.
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(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 12 OF 22
Pictures were shown of samples of different types of Cell Tower structures in the Central
Florida area and around the country for the Record.
Mr. Stevenson stated, "I would like to also submit into the Record an email that we
received from FPL (Florida Power & Light), it's actually from Amando Fernandez", and
then read the email.Furthermore.Mr. Stevenson noted, "I would also like to enter into
the Record, a copy of "Above Ground Level", an official trade journal of the "Wireless
Infrastructure Association."
Manager McLemore said, "Based on that information we got from FPL (Florida Power &
Light) that they do in fact allow locations on poles, I asked our Consultant to look at that
potential best site there and see if such a site in fact would work, better than, equally,
general to, or worse than the proposed site at the Country Club. Would you briefly
respond to that Art (Peters), for the Record?"
With further comments, Mr. Peters said, "It appears that FPL (Florida Power & Light) is
describing a canister that sits on the top of one of their poles. That does not allow co-
location. So you would have at most, one (1) carrier or two (2) carriers. You can have
one (1) on each of the parallel poles that are nearby the site. And there is a pair of poles
within a 180' of the proposed site. So, the answer is you could have one (1) carrier on
each pole according to that description - or the letter that was just read in by Randy. I
don't think that that would be enough. First of all, it is only going to be ninety to ninety-
five feet (90-95') above the ground and sometime ago, I believe the Applicant stated that
they needed a ISO' and less than that would give them optimum so we could rehash this
whole thing again but basically I would have to say it probably would not work as
described tonight."
Much discussion.
Attorney Garganese noted for the Record, "The power line has an 'Open space
recreation' Future Land Use designation right behind the driving range."
Discussion.
Ms. Carolyn Wilkinson, Director of Development, Clearwire US LLC, 500 North Willow
Avenue, Suite 101, Tampa, Florida: mentioned they had previously contacted FPL
(Florida Power & Light).
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PAGE II OF 22
Attorney Garganese said, "Kip [Lockcuff] went digging through his office looking for
maps and he did find a copy of an old Site Plan that was being submitted by the former
owner of the Country Club to develop parcel number 8." Attorney Garganese said, "The
parcel number 8 is 30.195 acres. And Kip [Lockcuff], can you just put that up for the
Record?"
Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "I was able to
compare the legal description from the amended Settlement Agreement and it matched
exactly. I don't think this plan was ever approved. This is the Engineering Plan that I
believe - presented and the monopole falls right here. I'd say I am within, I used the
Exhibit Z-2 that is in your next Agenda Item submitted by the Applicant which is a scaled
drawing showing the location of the Cell Tower so taking that and scaling off putting on
this plan, this is the location of the monopole plus or minus ten feet (10'). So, it's clearly
the monopole was within the lots as is the rest of the site." Mayor Bush said, "And it is
not on the Golf Course?" Mr. Lockcuff said, "That is correct."
Continuing, Attorney Garganese said, "One other point about the Settlement Agreement,
it does require for further approvals. That is specifically mentioned in the Settlement
Agreement with respect to existing Golf Course uses. It was contemplated that Golf
Course improvements would be relocated in order to accommodate the concept plans that
were attached to the Settlement Agreement. Parcel 8 Concept Plan being generally as
depicted up there on the screen and there is expressed language about moving existing
Golf Course improvements to accommodate those single-family detached residences."
Attorney Garganese noted, "If you recall - in 2001, City of Winter Springs versus State,
that is the Florida Supreme Court case which validated the Tuscawilla Lighting and
Beautification Lighting District Special Assessment. I just want to introduce that case
into the Record. It does discuss Tuscawilla and the City Commission's directive to
beautify the Tuscawilla PUD (Planned Unit Development). In addition, I want to
introduce into the Record documents that you have seen many times over. Those are the
Budgets from 2001-2002 through 2006-2007 for the TLBD [Tuscawilla Lighting and
Beautification Lighting District] Special Assessment area. Those Budgets obviously
include millions of dollars in public improvements to beautify the Tuscawilla area along
with ongoing maintenance and the hundreds of thousands of dollars every year. So, I
would like to introduce those as Exhibits."
Regarding the Tuscawilla Lighting and Beautification Lighting District and related
pictures that were displayed, Mr. Randy Stevenson, ASLA, Director, Community
Development Department commented that, "These are just evidences that indicate - that
Tuscawilla has been beautified and continues to be beautified to a large extent by efforts
of the City and to the Staff, ongoing efforts in terms of maintenance and this is the result
of the case whereby millions - of dollars have been spent on capital expenditure, and
hundreds of thousands continue to be spent yearly on maintenance."
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PAGE 13 OF 22
Mayor Bush asked, "Did they respond to you in writing?" Ms. Wilkinson responded,
"My staff contacted them, and it was either email or telephone calls. But we put in
Applications; we put in photos sims of what we want to do with them. Progress Energy,
which is known now as PT Access, those are the lines that you see that are full of the
antennas. We use those lines as oft as we can. We actually prefer to use power lines;
because when we go on power lines, we avoid a lot of what we're going through tonight.
But, both of those Applications were rejected, they didn't respond to us. In other words,
they didn't deny those Applications, they contacted us and said 'No, we won't allow
access to our power lines'."
Mr. Dan Babilla, Senior Radio Frequency Engineer, T-Mobile, 200 Telcom Drive, Winter
Springs, Florida: commented "Ninety foot (90') would not work for us. The issue is
providing the coverage - it is basically at 1900 megahertz, it is a higher frequency, a
smaller wave length and it requires more height, a better line of sight to give the same
coverage at 800."
Mr. Peters said, "The ninety feet (90') has to do with how far the signal goes from the
antenna to the receiver and how much of that is in leaves and is shielded by vegetation -
the worse case would be if you were down into the trees, the transmission distance would
be the shortest. As you get up higher and higher and higher, the signal radiates from the
transmission point down to the receiver and most of the path is not in the trees, it's just in
the trees at the receiving end. So, that is why you get better signal strength."
Mr. Craig 0 'Neill, Radio Frequency Engineer, metroPCS Inc., 8256 Exchange Drive,
Suite 210, Orlando, Florida: regarding the Florida Power poles, Mr. O'Neil said, "We
were told that we could not utilize that."
Mayor Bush asked, "Florida Power [& Light] told you that you could not use them." Mr.
O'Neil said, "Yes. It was Florida Power [& Light]." Mayor Bush said, "Did they give it
to you in writing?" Mr. O'Neil said, "I do not know exactly. I don't have that with me,
but I can check back with our site acquisition group to find out for sure."
Continuing, Mr. O'Neil said, "We are going on the Vertex [Development, LLC] Tower at
105' and that's not our ideal height, but we're accepting it. Ninety feet (90') would be a
little lower than that, we could probably make that work." Mr. O'Neil then spoke of the
need for a particular location.
Mr. Dan Wehmeyer, AT&T, 1101 Greenwood Boulevard, Lake Mary, Florida: stated,
"The power line height of ninety feet (90') would be usable; it's a matter of how well you
cover the area. And it becomes a cost benefit balance where if you're come in and say
yes, I can put it at ninety feet (90') and only accomplish - forty-five percent (45%) of my
intended design, then it becomes, is it really worth it. To really prevent us from having to
build more Towers in more areas, the height that we're looking at on this Tower would
be quite acceptable."
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PAGE 14 OF 22
Discussion.
Commissioner Gilmore said, "This Commission specifically told the Staff to come back
with an analysis of the Towers of the Tier Two site, and the Tier Three site to investigate
using the micro cells, so this is not new. From our perspective, we told the Staff they
have to report back to that and that is why we are telling them."
Attorney Garganese said, "The Ordinance that was approved in 2006 requires that there
be competent substantial evidence be placed in the Record that a Tier One and a Tier
Two site are not viable before you go to Tier Three. What is before you is a Tier Three
Application. So, there needs to be this discussion as to whether or not a co-location on a
power pole is allowed or acceptable because that is a Tier Two site."
Manager McLemore said, "If it is your decision to delay this until the next Meeting
which you still have time to do, then we would not have any further comments at this
time and we will come back to you with our wrap-up comments in writing."
Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs
Boulevard, Winter Springs, Florida: stated, "I have a statement from the Owner I can
read. "
"The ownership of Tuscawilla Country Club was approached roughly two (2) years ago
about placing a Cell Tower on our property. It was presented to us that an area of the
Club's property would be the best location within the Tuscawilla community for such a
structure. We entered into a contract with the Applicant for two (2) reasons. One (1), a
potential economic benefit to us and two (2), the clear need for improved cell phone
reception in the surrounding area. We obviously relied on the knowledge and experience
of the Applicant regarding the merits of the site, from an operational perspective and
determine first hand that the site would be, the site would provide limited...
Tape 2/Side B
. . . the structure compared to many other locations. We understand that the Settlement
Agreement between Tuscawilla Country Club and the City of Winter Springs was
brought up in connection with the Cell Tower Application. When we signed the contract,
it did not occur to us that the Settlement Agreement was relevant, since it was and
remains our understanding of the Agreement entered into before our involvement with
the property, granted rights for residential development on the Golf Course and did not
address the issue of a Cell Tower. Since the Settlement Agreement is between Winter
Springs and the Tuscawilla Country Club, we believe that it goes without saying that any
future mutual agreement between the same two (2) parties would be valid.
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PAGE 15 OF 22
If the City Commissioners determine that this is not the case, we would respond
appropriately. We do not believe that the Cell Tower Application should be reviewed -
I'm sorry - we do believe that the Cell Tower Application should be reviewed on its
merits and that the time has come for a decision to be made. While we don't believe that
any linkage between the rights granted in the Settlement Agreement and the merits of the
Cell Tower Application should be necessary, we want to remind all concerned that we
have made clear our position that it would be in the best interest of the City of Winter
Springs and the Tuscawilla Country Club to transfer the development rights to the
adjacent property to be purchased and deed restrict the Golf Course property subject to its
present usage.
Based on long standing representations to us about the preference of the City, this
appears to be the logical, mutually beneficial solution. We've endeavored to have a
positive impact on the community and the City throughout our stewardship at Tuscawilla
Country Club. We ask for no special treatment and want only that we and the Applicant
be treated fairly and equitably by all involved in the process. We appreciate the efforts of
the City Manager, the City Attorney, the Mayor and the Commissioners, in analyzing this
matter and trust that good decisions will be made that both uphold property rights and
benefit the residents and businesses of Winter Springs."
Attorney Garganese asked Mr. Gardner, "Can you clarify what you mean by transfer
development rights? Transfer from where to where?" Mr. Gardner replied, "I'm not
really in that position to unfortunately answer any direct questions. Basically as the
operator, we've got to deal with the day-to-day business. If you do have specific
questions, I think they can be directed back to the Owner. Unfortunately, the Owner is
not local. That's why I'm here just reading a statement that basically I received today."
Further discussion.
Attorney Garganese said, "The Manager sent the Club a letter asking for a Waiver of the
ninety (90) day time period that we're operating under pursuant to Florida Statute, which
in my view, expires September 7th. I think the Applicant took the - position that expires
August 30th, but I think if I read her email correctly, they would agree to the September
th - so you have until that time to clear up all loose ends. I don't think at this juncture
you're going to clear up the loose ends before that deadline. So, if the Commission was
inclined to approve this Application, then you would have to approve it contingent upon
clearing up those loose ends with the Settlement Agreement because of my position that I
previously took."
Furthermore, Attorney Garganese commented, "My position is that the Settlement
agreement must be amended to accommodate a Tower because of the development rights
that were granted for parcel 8."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 16 OF 22
Commissioner Rick Brown asked Manager McLemore, "Would you and Staff be able to
bring this back all the technical information for other alternatives by the next Meeting?"
Manager McLemore replied, "I don't know that there would be any other technical
information to bring to the Record." Manager McLemore continued, "The only thing that
might be is whether the canisters are limited to just one (1) antenna, which would cause it
to proliferate the number of sites and that's the only thing I would know to clear up at this
point in time relative to technology."
Mr. Stevenson commented, "I just want to clarify again - FPL (Florida Power & Light)
told us it would take about two (2) weeks; tomorrow is two (2) weeks on these issues
were we sent them the pole numbers. We would hope to clarify that before the next
Meeting. I can't guarantee that obviously. But as soon as we clarify it, we'll certainly
make the information available to the City Manager. But they are responding to our
request specifically in Winter Springs; specifically to pole locations identified by
number."
Mayor Bush asked, "How many poles did you give them?" Mr. Stevenson replied, "We
just gave - the two (2) closest. They said they just needed two (2). We gave them the
numbers off those two (2) poles. Those are the ones at 180'." Mayor Bush asked, "And
two (2) poles would take care of four (4) providers?" Mr. Stevenson replied, "I don't
know that. Again, they have not recovered the details any further than the letter I read to
you tonight."
Deputy Mayor McGinnis asked Attorney Garganese, "Do you anticipate any problems to
modify the Settlement Agreement; to come to an agreement on that?" Attorney
Garganese replied, "I wouldn't know that until that we formally got into negotiations
about the Amendment of the Settlement Agreement. Can it be done? Yes." Deputy
Mayor McGinnis asked, "Could that be a quick process if everyone were in agreement?"
Manager McLemore replied, "That would depend on who has authority to make
decisions and can you get them here."
Mr. Gardner commented, "I can look at this and say that the ball's already in motion for
the transfer of those rights, which I kind of put the two (2) together and say that that
would mean that 'Yes, they're open to amendments'. So, I would have to say that
, Yes' . "
Commissioner Robert S. Miller stated, "Point of clarification" and spoke about the
power pole issue.
Commissioner Gilmore suggested that Mr. Stevenson speak to Florida Power [& Light],
about the height of the poles, how many carriers they permit on a pole, and the span
between the poles.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 170F22
Mr. Peters commented, "I just measured the spans along that run of poles and they are
about 633' approximately."
Discussion.
Mayor Bush called a Recess at 7:42 p.m.
The Special Meeting was called back to Order at 8:00 p.m.
Manager McLemore remarked, "We would prefer to be able to come back to you with a
very clearly laid out in writing summary that attaches your alternatives to basic findings
based on the Record that we had in the first Hearing and everything that we've heard
tonight. Just to make it very, very clear to everyone what the relevant facts are and the
Findings relative to the applying the Law to this Application. And for that reason our
preference would be to bring this back at your next Meeting with an attempt to try to get
another answer on clarification from FPL (Florida Power & Light) and to provide you a
very, very clear thoroughly written summary of this proceeding for you to make your
final decision on."
Ms. Solik addressed the City Commission further on this Application.
Discussion.
Commissioner Krebs asked Ms. Solik, "Did you ask us not to consider any Settlement
Agreement? Is that what you said?" Ms. Solik replied, "I would prefer an approval
without a condition that the Settlement Agreement be modified. It's a condition I cannot
comply with. It's not really an approval to me. I can't comply with that. I'm not a party
to that Agreement; I don't control the process. It's a condition I cannot comply with."
Attorney Garganese commented, "I just wanted to clarify that - Ron (McLemore) is not
talking about coming back with a Final Order. He's talking about coming back with an
Agenda Item that's clarifying what the options are."
Attorney Garganese remarked, "My recommendation is that if you're going to approve
this Tower on parcel 8 that it be subject to an Amendment to that Settlement Agreement
because of the importance and the significance of that Agreement. And that Settlement
Agreement right now is between the Tuscawilla Country Club, their owners, and the City
of Winter Springs. How it got this far, I'll leave to them, but it's an issue that needs to be
addressed. "
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 18 OF 22
Mayor Bush asked Mr. Peters, "Based upon everything you've heard and you've been
through all of this - say they agree - to put them on there, is that really going take care of
the problem - providing service to the Tuscawilla area for the self carriers or not?" Mr.
Peters replied, "The answer to your question is it will for a couple of carriers, but it won't
for the rest."
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE CITY
MANAGER TO COMPILE AND PRESENT HIS FINAL REPORT OUTLINING
ALL THE AVAILABLE OPTIONS AND STAFFS RECOMMENDATION,
DIRECTION BY THE NEXT MEETING OR SOON THEREAFTER." MOTION
BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
ATTORNEY GARGANESE SAID, "JUST FOR THE RECORD, THE NEXT
MEETING IS AUGUST 27TH [2007J, AT 5:15 [P.M.J."
VOTE:
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: NAY
COMMISSIONER KREBS: AYE
MOTION CARRIED.
Ms. Solik advised the City Commission that she had to attend the next Seminole County
Board of Adjustment Hearing Monday [August 27,2007] at 6:00 p.m. and asked, "Can 1
have a very late slot on your Agenda here?" Mayor Bush remarked, "Why don't we just
take it when you get here."
Regarding the other related Public Hearings for the next Agenda, Attorney Garganese
said, "I would just agenda it and if the item comes up and it's not ready to go we'll just
Table it during the Meeting." Attorney Garganese continued, "Just for clarification,
when 1 say Table, just Table it until the Attorney arrives."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 190F22
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA
ITEMS WERE NOT VOTED ON AT THIS MEETING. .:..:.
PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED ON THE
AUGUST 13, 2007 REGULAR MEETING AGENDA
PUBLIC HEARINGS
500.2 Community Development Department
Requests The City Commission Review The Vertex Development, LLC
Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla
Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit
Development (PUD).
PUBLIC HEARINGS
500.3 Community Development Department
Requests The City Commission Review The Vertex Development, LLC
Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty
Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer
On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs
Boulevard), In the Tuscawilla Planned Unit Development (PUD).
Manager McLemore left the Commission Chambers at approximately 8: 15 p. m.
.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, AS DOCUMENTED. .:..:.
REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST
13,2007 REGULAR MEETING AGENDA
REGULAR
602. Community Development Department
Requests That The City Commission Review The Situation Regarding Zero Lot
Line Developments With PUD (Planned Unit Developments) Zoning And Provide
Direction.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 20 OF 22
Mayor Bush asked, "You mean the HOA (Homeowner's Association) documents take
precedent over the City Codes?" Mr. Baker replied, "No, sir." Mr. Baker continued,
"The most restrictive applies." Mayor Bush asked, "What if theirs is more restrictive
than ours?" Mr. Baker replied, "Then that applies, yes Sir." Mayor Bush asked, "The
HOA (Homeowner's Association's) applies?" Mr. Baker replied, "Yes, sir." Mayor
Bush then asked, "What if the HOA (Homeowner's Association's) has expired, then it's
the City right?" Mr. Baker noted, "That's a complication that we have consulted the
Attorney on, and I'm not sure ofthe answer on that."
Further discussion.
"I MAKE A MOTION THAT WE CHANGE THE ORDINANCE TO ALLOW
SCREENED ENCLOSURES IN ACCORDANCE WITH THE CODES WITH
IMPERVIOUS ROOFS." MOTION BY COMMISSIONER GILMORE.
SECONDED BY COMMISSIONER BROWN. DISCUSSION.
COMMISSIONER GILMORE ADDED, "SCREENED PORCHES WITH
IMPERVIOUS ROOFS."
Tape 3/Side A
COMMISSIONER GILMORE REMARKED, "I AM NOT SURE THAT IT
SHOULD APPLY TO ANY"
COMMISSIONER BROWN SAID TO COMMISSIONER GILMORE, "I
ASSUMED THAT YOUR MOTION WAS TO JUST MAKE THE IMPERVIOUS
ROOF THE SAME AS THE SCREEN ROOF?" COMMISSIONER GILMORE
STATED, "THAT IS CORRECT." COMMISSIONER BROWN NOTED, "SO
THAT MEANS WE JUST GO TO SEVEN FEET (7') ACROSS THE BOARD."
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
"I MOVE THAT WE HAVE STAFF GIVE US A ROUGH ESTIMATE, I KNOW
IT CAN'T BE EXACT, OF THE COSTS TO THE CITY FOR PEOPLE
APPLYING FOR A V ARIANCE." MOTION BY DEPUTY MAYOR MCGINNIS.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 21 OF 22
VOTE:
COMMISSIONER BROWN : NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: NAY
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush mentioned an email from a resident about a damaged recycling bin.
Manager McLemore returned to the Commission Chambers at 8:36 p.m.
With discussion, Mayor Bush commented on Resolution 2004-41 which includes Fees for
replacement bins.
"I WOULD LIKE TO MAKE A MOTION THAT WE AMEND THAT -
DOCUMENT THAT YOU ARE TALKING ABOUT, THAT IF A RESIDENT
BRINGS IN SOMETHING THAT HAS BEEN DAMAGED AND I WOULD SAY
TO NO FAULT OF THEIR OWN, AND I DON'T KNOW HOW YOU TELL
THAT, THAT WE REPLACE IT FREE OF CHARGE." MOTION BY
COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN.
DISCUSSION.
COMMISSIONER KREBS STATED, "EXCHANGE."
MAYOR BUSH NOTED, "2004-41, RESOLUTION, TALKS ABOUT THE
RECYCLE BIN POLICY." FURTHERMORE, MAYOR BUSH STATED, "SO
WE WOULD BE AMENDING RESOLUTION 2004-41 TO ALLOW FOR THE
EXCHANGE OF DAMAGED RECYCLED BIN."
VOTE:
COMMISSIONER BROWN : AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
Mayor Bush then mentioned a bill for the Conference of Mayors and said that, "I am not
going to recommend paying this unless the Commission thinks we should." Deputy
Mayor McGinnis stated, "No." Commissioner Krebs remarked, "No."
Commissioner Krebs then spoke of Winding Hollow trash cans.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING - AUGUST 20, 2007
(CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING)
PAGE 22 OF 22
ADJOURNMENT
Mayor Bush adjourned the Special Meeting at 8:41 p.m.
RESPECTFULLY SUBMITTED:
DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND
A LORENZO-LUACES, CMC
Y CLERK
APPROVED:
f~
NOTE: These Minutes were approved at the August 27,2007 Regular City Commission Meeting.