Controversy surrounding the city’s new library project dominated the January 28 City Commission discussions, even though it wasn’t on the agenda. This time around, criticism came from state officials, who aren’t happy with the City’s plans to build its new library and civic center at Martin Luther King Park. The state has even warned that the city could lose future grant money for parks if it doesn’t comply with the rules.
None of that is stopping the City from going full speed ahead with the project. Plans are underway to tear down the Rachel Murrah Civic Center this week and take the chainsaw to 60 trees at the park between now and April.
City Out of Compliance with State Grant Rules
The Florida Department of Environmental Protection notified the City Manager in a letter dated March 6, 2018 that the city had failed to follow the rules governing a grant it received in 1994 for improvements to Martin Luther King Park. Commissioner Carolyn Cooper and several citizens pleaded unsuccessfully with commissioners to hit the pause button to resolve the issue.
Seen in this context, and taking into account the City’s failure, so far, to come up with a clear plan to bring the Canopy project back in line with the $30 Million budget approved by the voters in 2016, the decision to proceed with such haste gives one pause.
Playing the Blame Game
“There is a small group that continues to protest this project and has gone to the State and has asked the State to overturn previous State grants, once again costing the citizens of Winter Park money,” said Leary. “If we have to pay back the State . . . uh, this is a small group who are shooting people in the foot. It’s an absurd request.”
FL Department of Environmental Protection
The notification of non-compliance came from the Florida Department of Environmental Protection (FDEP) and concerned the 1994 grant for improvements to MLK Park under the Florida Recreation Development Assistance Program (FRDAP). The grant required the City to dedicate the park, in perpetuity, “as an outdoor recreation site for the benefit of the general public.” [emphasis added]
City Version of Deed Restriction Unacceptable to FDEP
A March 6, 2018, letter from FDEP General Counsel’s office warned that the Public Dedication recorded by the City in January 2018, “does not meet the requirements of the rule and is not acceptable to the department.” The letter went on to state, “Failure to comply with the department’s rules can result in the City being declared out of compliance and therefore ineligible for further grants from the department.”
This could affect the City’s application for a FRDAP grant for improvements to the wetlands around Howell Branch.
But Wait – There’s More
A January 16, 2019 letter from FDEP stated, “It has also come to our attention that some or all of the City’s previous land and recreation grants do not have restrictive covenants recorded for the parks funded by our grants.” In addition to MLK Park, the letter contains a list of other FRDAP grants for locations such as Lake Baldwin Park, Mead Garden, Phelps Park and the Howell Branch Preserve, requesting the City to provide copies of the declarations of restrictive covenants for each within 60 days.
A FRDAP grant to the City carries with it the requirement to publicly record with Orange County a covenant restricting the park to outdoor recreation, in perpetuity.
If the City converts this dedicated land to another use, according to the January 16 FDEP letter, the City must “. . .replace the removed property with property of similar size and value and replace any facilities (such as the walking trails around the current civic center that were part of the FRDAP grant) that will be removed by the new construction.”
Citizens Urge Caution
During public comment, several citizens urged the Commissioners to move cautiously with their demolition plans until the way forward is clearer.
“I see a tendency by the City to insulate itself from opposing views and from citizen input,” began Beth Hall. She pointed out that the original Library Task Force had considered multiple sites for the new library, MLK Park among them. “But I don’t see where the FRDAP grant was pointed out or considered by the Task Force,” she said. “Thus a major restriction on the viability of the site was ignored.” Hall pointed out that the City had made no attempt to inform voters of this issue at the time of the bond referendum.
Who Knew about the Grant?
In a January 30 email responding to a public records request from Beth Hall, City Clerk Cindy Bonham confirmed the City has no records of communications or materials about the MLK Park FRDAP grant being provided to the Library Task Force, to the Commission, to the Planning & Zoning Board, the Library Board, the Library Staff or to the trial court that heard the bond validation suit.
Road Not Taken
Referring to the FDEP requirement to replace all converted lands with land of similar value, Hall asked the Commission to remember the bowling alley property. “That it is gone is a failure of long-term vision and strategic thinking,” she said. “Maybe hearing other voices would have taken us another way, but we will never know, for that was the road not taken.”
When is a Canopy Not a Canopy?
Charley Williams displayed the City’s tree demolition legend, which identifies more than 60 trees that will fall victim to the chainsaw this spring. He suggested the City Communications Department might keep citizens abreast of what will transpire in MLK Park. He showed before and after pictures of mature live oaks that were removed January 26 to make way for the Civic Center demolition.
Williams urged Winter Park to “show some leadership” by heeding the advice of the Winter Park Forestry department to save mature specimen trees by root pruning and moving them to safety within the park. He pointed out that other cities have done this and that there are Winter Park residents ready and willing to privately fund the project. “We’ve already named it the Canopy,” said Williams. “Now I think we ought to walk the walk.”
‘We Keep Whittling Away Amenities While the Price Goes Up’
Kim Allen enumerated ways in which the Canopy project has changed since it started in 2016. The square footage of the library is significantly reduced. Elements of the buildings, like the porte cochere at the entrance, have either been eliminated or declared ‘alternatives,’ which the City can build only if it raises additional money. The $30 Million budget cannot accommodate many elements that would seem integral to the success of the project.
Sarah Sprinkel: “It Makes Me Mad”
In her closing comments, Commissioner Sarah Sprinkel decried having what she called “an issue that some people in this community have created for us.”
Cooper reiterated her suggestion to put the matter of the grants on the City Manager’s report so that people could see periodic updates of how the City is working through the issue. Cooper’s desire for this kind of transparency was not supported by her fellow Commissioners.
Leary: “It Just Seems to be One Thing After Another”
In his concluding remarks, Mayor Leary said, “Whether it’s trees outside, or whether it’s water . . . I mean, it’s one thing after another.”
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
The one thing of note in an uncharacteristically brief June 11 Commission meeting was a presentation by Planning Director Dori Stone about Mixed Use Development. Her presentation focused on a single question, the answer to which will determine the way Winter Park grows into the 21st century.
The Question
Are current land use and zoning categories sufficient to promote the best development in Winter Park, or does the City want a specific mixed use development option for properties located along gateway corridors within the city limits?
WP Already Has 3 Mixed Use Developments
Currently, Winter Park has three mixed use developments – Park Avenue, Hannibal Square and Winter Park Village. The single word that describes all three is walkable. Each development has a mixture of shops, offices and residences. Each is a popular destination with wide sidewalks and plenty of shade – resulting in plenty of foot traffic. Buildings are pedestrian in scale, allowing life to flow easily in and out of doors. Each location has a well-defined sense of place.
They All Have Trees
While they have different architectural designs, street layouts and building heights, they all have one essential attribute — deciduous trees. Trees with wide branches. Trees with lots of leaves. Trees that provide cool shade and a sense of place.
Regardless of architectural design, without the shelter of these leafy branches all three areas would be hot, blinding, forbidding environments of reflective and refractive masonry, asphalt and glass. People would avoid them whenever possible, except possibly at night. Who among us doesn’t choose the shady parking spot over the one baking in the harsh Florida sun?
We All Need Trees
Our affinity for trees is in our DNA. Our ancestors relied on trees for security from predators, for foraging, for shelter from the elements, and for gathering places for social contact. Our love of trees is innate. No man-made structure ever has the same elemental and calming effect.
Builders who ignore the need for a stately tree canopy in their developments are doing a disservice to their clients, their tenants, the customers of those tenants and to their own legacies. Trees are good for our peace of mind, the environment – and they’re good for business.
What Kind of Canopy Will Be Left at the ‘Canopy’?
In this vein, many are concerned that at the new Winter Park Library – Event Center at “The Canopy,” the majestic trees that currently form the canopy on the Rachel Murrah Civic Center site will meet with the chain saw — despite the branding term. When that happens, the glare and reflected heat from all that glass, metal and masonry will change the character of the MLK Park dramatically. Although new, smaller trees can be brought in, it will take decades to achieve the current sense of place afforded by the existing site trees.
Don’t Cut Them Down; Dig Them Up!
This does not have to happen. A reasonable solution would be to dig up the specimen trees, roots and all, and store them in MLK Park in wooden crates until the construction is completed and they can be safely replanted.
Sound Impossible?
While this may seem incredible, it is actually standard technology. The land that the retired El Toro Marine Air Station occupied was deeded to the City of Irvine, CA in the early 2000s. Before redevelopment began, 543 large shade trees, which included 10 species, were saved in this manner. The average weight per tree was 40 tons. The city crated them and cared for them for about five years until, one by one, they were strategically replanted as redevelopment progressed. The sense of place was preserved by this brilliant and caring move, and the homes in those developments sold as quickly as they were built.
Trees Are Our Brand
Canopy trees are part of our unique Winter Park brand. They shelter nearly every street and enhance every neighborhood. The promulgation of mixed use standards presents a fleeting window of opportunity. We must act now to ensure that mixed-use will enhance our gateway corridors for generations. Let’s make a big green splash!
Trees Should Be Part of the Mix
Let’s make room for our big green friends in our Mixed Use code. Let’s promote reasonable street setbacks and adequate pervious areas for these natural wonders. After all, our big trees enhance and promote our businesses, our neighborhoods and our sense of place in Winter Park. And, for Winter Park, a sense of place is a sense of home.
Todd Weaver is a semi-retired aerospace engineer and UCF graduate. He holds a Florida general contractors license. He currently runs a Winter Park-based business, TruGrit Traction, Inc, which designs and manufactures specialty wheels for pipe inspection robots for the public works industries. Weaver has served on Lakes Management advisory boards for Orange County and Winter Park.
A 20,000-square-foot medical office building will occupy a lot once home to bowling lanes on Fairbanks Avenue near U.S. Highway 17/92.
City commissioners accepted an offer to buy the land from ComTech Properties for $3.5 million by a 4-1 vote, Commissioner Carolyn Cooper opposed. The site at 1111 W. Fairbanks Ave. has been coveted by some in Winter Park eager to expand Martin Luther King Park.
The city put the land out for bid in June, less than a year and a half after it bought the 1.63 acres from Rollins College for $2.9 million. The college had bought the bowling lanes site in 2013 for $2.85 million as part of a planned athletic field, but sold it to the city after it found another location.
The city used community redevelopment — or CRA — funds from its special downtown taxing district to pay for about a third of the purchase price to Rollins. The intent was to create turn lanes from Fairbanks Avenue onto Hwy. 17/92. There also was discussion at the CRA and city commission level about using the parcel to expand MLK Park.
Commissioner Cooper argued Monday the city should delay the sale “for now,” so it can study what effect the new city library will have on storm water drainage in the area. Hurricane Irma raised the need for more land to offset storm water, she said. Commissioner Greg Seidel voiced similar concerns, as did two residents who spoke to delay the sale. This area “was the TV stand-up spot” reporters used to show flooding from Irma, resident Charley Williams said.
Mayor Steve Leary said the agenda item was “never about park space and water,” but about needing space for traffic lanes. Arguments about stormwater were just another tactic to delay the sale, he said, and that could scare away prospective tenants in the office building and jeopardize the bid.
Winter Park’s electric utility and law enforcement emerged as partial winners in Winter Park’s budget debates. The city’s tax rate for 2018 will stay the same.
In the wake of Hurricane Irma and complaints about outages, city commissioners figured out ways to make more money available to the electric utility fund. The biggest chunk — $1 million – will be transferred to the utility this budget year from the city’s water reserves. Another $425,000 would be freed up in the utility’s 2018 contingency funding by moving street-lighting from the utility to the general fund, where it had been in the past.
Not yet known is whether that the additional $1.425 million will speed up the city’s underground wiring or how much work could be accomplished. Although several commissioners said the money was intended to move forward with undergrounding, Mayor Steve Leary said some of the $1 million could go toward other improvements necessitated by the hurricane. City Manager Randy Knight estimated the city’s total storm-related costs at $5.5 million with much of that ultimately covered by the Federal Emergency Management Agency, or FEMA.
“The City has undergrounded just over six miles with the $3.5 million provided for the FY17 fiscal year,” said Clarissa Howard, the city’s communications director Tuesday. “It is extremely difficult to determine how much could be done with additional funds as each project is different and complexity can affect the cost.”
Commissioner Carolyn Cooper voted against the $1 million transfer, saying she preferred such fund-to-fund shifts be done as loans that are paid back. Both Mayor Leary and Commissioner Pete Weldon voted against putting street lighting back in the general fund.
NO BODY CAMERAS FOR POLICE
Police Chief Michael Deal was successful in winning an $862,000 increase in his department’s budget. In earlier budget talks, Mayor Leary had asked the department to cut its request by $200,000, but on Monday commissioners decided to approve the full request. They said they wanted the department to be competitive with other Central Florida departments in hiring new officers.
Commissioners, however, declined to budget the $120,000 Deal had sought for police body cameras. In earlier budget talks, only Mayor Leary had supported that request. Commissioner Weldon didn’t want the cameras to be used to make public safety a “political football,” and Chief Deal said he had seen no complaints of excessive force or racial profiling in the year he has been chief.
On Monday, Commissioner Sarah Sprinkel noted the police department’s healthy budget and said the chief could use the money for body cameras if he saw them as a priority. If the chief “can figure out a way to do it, fine,” she said.
NO TAX RATE INCREASE
Commissioner Weldon was unsuccessful in seeking a cut in the property tax rate to 3.9942 mills. That would have removed a half million dollars from the general fund. One mill equals $1 of tax for every $1,000 in assessed property value.
Weldon argued that the city’s coffers are healthy enough to sustain a lower rate. In addition, he said, the same millage will bring in more revenue because the city’s assessed property values have increased. Commissioners voted 4-1 to keep the rate at 4.0923 mills.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
The “Greenspace Connectivity” article published here is a useful continuation of the discussion in our community about the need to update Winter Park’s ten-year-old Parks and Recreation Plan.
While there remains some uncertainty about the exact questions to be answered by a plan update, it has been encouraging to see the support among elected officials and others for continuing investment in parks and open space in Winter Park.
WP Vision Focuses on Parks & Greenspace
A number of the recommendations of the 2008 plan have been implemented. This, in itself, demonstrates the value of park planning, and this progress provides a good base for additional improvement. Careful stewardship of our parks reflects the views of the great majority of Winter Park residents, as expressed through the city’s recent Visioning Process. The Vision plan recommends:
• Investing in a sustainable future that encourages and supports lifelong learning, healthy living and a daily connectivity to the natural world.
• Enhancing walking, biking and recreational activities through a connected and integrated network of open space.
• Fostering sustainable public and private parks and open spaces using state of the art practices and techniques.
Revise Parks Plan to Address Today’s Needs
So why is a revision of the city’s parks and recreation plan a practical and useful step toward achieving the elements of our shared community vision? First, a revised plan would reflect the preferences of today’s Winter Park’s residents. For example, activities such as lacrosse and paddle boarding hardly existed here ten years ago, but now have grown to become popular uses of our parks.
Reduce Cost and Conflict
A carefully wrought plan would provide a much-needed cohesive framework for making decisions about expanding, adding or modifying individual parks. The decision-making process would become more cost-effective and the City would realize a reduction in the lost time and conflict that results from ad-hoc decision-making.
Avoid Duplication
A thoughtfully revised plan would reduce duplication of facilities and activities, thus improving the delivery of recreational services to the people of Winter Park. It might also introduce innovative ways for private citizens to contribute to the natural and scenic character of our city.
An updated plan would introduce state-of-the art techniques for management and maintenance of park facilities. A specific, achievable menu of desired projects would enable the City to take advantage of strategic opportunities for implementing the plan through public infrastructure programs, private donations and amenities in commercial and residential development projects.
Connect Our Parks
An updated plan would show how our parks can be connected with walkways and bikeways to provide a green framework for the city’s future. Connectivity among our parks would enhance opportunities for outdoor recreation for citizens of all ages while affording opportunities for safe, non-motorized transportation. We can achieve all this through coordination with the City’s bicycle and walkway planning.
No Need to Re-invent the Wheel
The city’s 2008 parks plan is a sound, useful document. There is no need to start over or to undertake a lengthy and complex planning process. We can take a practical, creative approach to discover ways to further enhance and connect our city’s natural assets of parks, lakes, private open space, walkways and bikeways.
Such an effort is well worth the investment of time and money. Having a clear, overarching vision of the city’s specific open space needs and priorities will save us in the long run, and will encourage the partnerships and creative ideas that are central to park planning and management in today’s world.
We owe it to the next generation to keep the park in Winter Park.
Among the drawers, shelves and stacks of notebooks, leaflets and books storing visions, plans and master plans sits the Winter Park Parks & Recreation Master Plan. As that plan nears the age of 10 – it was last updated in 2008 — Commissioners, staff and citizens have concluded the time has come to give it some much-needed attention.
Outdated Information
Many of the national statistics used to support the 2008 plan date from 1999. In 2008, Geographic Information Systems (GIS), upon which we now base much of our data, did not exist. According to GIS data, since 2008 the City has added 50 acres of parkland – some of it under water, but most of it visible to the naked eye.
In addition, some significant developments have occurred in the past 10 years that do not appear in the 2008 plan – projects in Mead Botanical Garden and plans for the new library-event center in MLK Park, for example.
Parks Plan Needs Life Support
Solid reasons exist to resuscitate the plan. Both the City’s Comprehensive Plan and the Vision Plan require the City have a current Parks & Recreation Master Plan. Actually, Comp Plan Policy 6-2.5.4 states the plan should be updated every five years. Second, the City must have a current Parks & Recreation Master Plan in order to retain accreditation under the Commission for Accreditation of Park and Recreation Agencies (CAPRA).
There’s Talk, but No Action Yet
Toward that end, the Commission took up the question of updating the Parks & Recreation Master Plan at their August 28 meeting, with the stipulation that they intended to take no action at that meeting.
At the outset, it’s important to know three factors which could stand in the way of a speedy conclusion to this effort. First, with the recent retirement of former Parks & Recreation Director John Holland, no Parks & Rec director is in place to guide the update process. According to City Manager Randy Knight, the search for a new director has not yet begun.
As of August 28, there is no money in the FY 2018 budget for a plan update, although that could change. Finally, the scope of work is vague and the proposed schedule, which exceeds 12 months, is not set to commence until March 2018.
What Do We Know About WP Parks?
According to the 2016 Comprehensive Plan, Winter Park boasts 346 acres of publicly owned park, open space and conservation lands. There is no distinction between active park space, for instance the Farmer’s Market and Azalea Lane tennis courts, and passive green space like Central Park or Mead Botanical Garden.
Of the 346 total acres, 27.58 acres comprise 36 ‘mini-parks.’ Some mini-parks provide peaceful sightlines onto small gardens or lakes, while others are little more than a park bench in a roadway median.
Howell Creek Conservation Land to be Added
In addition to the existing inventory, the City is in the process of purchasing 55.57 acres of conservation land along the Howell Creek Basin. The properties were appraised at $166,000. The agreed-upon purchase price plus commissions will come to $304,500. Approximately half this amount will come from a grant from the State of Florida. The remainder will likely come from the Parks Impact Fee Fund, which currently has a balance of more than $1 million.
The package deal includes seven separate parcels. Of these 55+ acres, two parcels totaling 12.23 combined acres are within Maitland City limits, and 7.71 acres are submerged.
Maitland Gets a Piece of the Park
According to minutes of the August 14, 2017 Commission meeting, staff plans “to work with the City of Maitland on a joint planning agreement to transfer the one piece of property that is in their city limits and adjacent to our park into [Winter Park] city limits and to transfer ownership of the other parcel to Maitland.”
Once this wetlands area has been reclaimed, invasive plants will be replaced with native species. The City plans to create a recreation area that will feature boardwalks, nature trails and a kayaking “blue way.”
Questions Remain — How Do We Anticipate Future Costs of Park Ownership?
Parks & Recreation accounts for approximately 15 percent of the City’s budget. To date, more money has been devoted to parks acquisition. As our parks age, however, the lifecycle costs of ownership and maintenance increases. Is the City prepared to create a Parks & Recreation Master Plan that accurately reflects these costs so we can anticipate out-year budget requirements – and budget for them?
How to Develop Connectivity Between the Park Spaces?
In their August 28 report to the Commission, staff highlighted the need for connectivity between our existing parks and green space. Their recommendation was endorsed by Commissioner Greg Seidel, who cited the need to weave in GIS data points to evaluate feasibility and to accelerate the connectivity portion of the Parks & Recreation Master Plan.
Should We Distinguish Passive Park vs. Active Park?
As urban sprawl presses on our borders, our active parks and passive green space frequently find themselves in the same footprint and in direct competition with one another. The resulting frustration for any visitor is that neither the active nor the passive functions can be adequately realized.
Charley Williams’s ‘Official Quiet Zones’
Elected officials, City staff and Winter Park residents are embarking on a difficult task – one that will take time to complete. In the meantime, Winter Park resident Charley Williams offered the following thoughts that might form a context and a way to think about these issues. In this spirit, we share his musings with you.
Charley Says . . .
Leash your dog
Take your bike for a walk.
Enjoy the garden.
Leave the flowers on their stalks.
Take a deep breath
. . . .and take one again.
Smell the dirt and
The scent of the air after the rain.
Sit on a bench, relax, listen.
Remove your sunglasses.
Feel the shade.
Close your eyes – smile, feel your thoughts fade.
Watch the clouds.
Enjoy the sunset.
What bird call was that?
Are the owls waking up?
Come tonight for a meteor shower.
Bring your blanket to lie on.
Feel our natural rhythms
In the low light of our park after dark.
Charley Williams has lived in Winter Park and Central Florida for over 25 years. When it comes to sports and rec, he’s proud to say he still has good knees.
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