Winter Garden leaders temporarily table truck-ban decision

Winter Garden leaders postponed the second reading of an ordinance banning certain classifications of trucks on Marsh Road in favor of having more time to meet with stakeholders as they search for solutions.

At the March 11 City Commission meeting, city staff told residents they had met with representatives from Titan America, Clermont, Lake County, Orange County and the Florida Department of Transportation to hear their ideas. They also met separately with many of the residents who live along Marsh Road to discuss the options.

City Manager Mike Bollhoefer said staff recommended tabling the second reading of Ordinance 21-11 for two weeks to provide more time for discussions.

“They are very motivated to find some sort of compromise or solution that works for everyone, because the last thing they want to see is this road closed down,” Bollhoefer said. “They’ve already offered up many options. … If indeed we do vote and we do close down this road, there is no doubt that immediately the trucking company or the sand mine company, they will go to the courts and try to get an injunction. … We believe the law is on our side, and we believe the facts are on our side, but whenever you go in front of a judge, you never know what happens.”

Bollhoefer said if the matter goes before a judge, that judge could file either a temporary or permanent injunction, and the decision would no longer belong to Winter Garden. 

“We thought it made sense to try to negotiate for two more weeks to see if there’s a compromise that both the residents and these companies can all live with,” he said.

Ordinance 21-11 would prohibit Class 6 through 13 vehicles from using the road and adopts certain vehicle-weight limitations on a certain portion of Marsh Road. Although the ordinance hasn’t been approved yet, a resolution passed at the Feb. 11 commission meeting remains in place.

Bollhoefer said if no solution or compromise can be reached by the March 25 City Commission meeting, staff’s recommendation would be to pass the ordinance and move forward with the truck ban. In the meantime, he said, the city has added cameras out on Marsh Road and is working toward finding a way to install decibel meters. 

“If we were to find some type of solution that somehow both the neighbors and trucking company are happy with, it would have to include all sorts of systems and devices and methods to measure it and ensure that everybody following the rules,” he said. “In case they didn’t follow the rules after that negotiated agreement, we can always go back to this ordinance again.”

Carl Davis, a trucking company owner, said residents along Marsh Road “should’ve done their homework” before they bought their homes.

“We thought it made sense to try to negotiate for two more weeks to see if there’s a compromise that both the residents and these companies can all live with.” — City Manager Mike Bollhoefer

“They should have realized the route is a heavily commercial route,” Davis said. “I’m an owner/operator, and I’ve been driving on Marsh Road every day. … Let me tell you something: If you’re going to say to the residents that you’ll do whatever they want, we should not have this meeting, because my opinion is not going to matter to anyone. I’d like to invite you commissioners to take a ride with me one day in the truck, and you will see what we have to go through every day to make a living. If you ban us from Marsh Road, you’re taking food off my table. You’re stopping me from providing for my family.”

District 4 Commissioner Colin Sharman said the city will support its residents but staff is trying to make the situation as amicable as possible for everyone.

“Essentially, we’re going to maintain control of how this moves forward,” he said. “We’re negotiating, because negotiating is better than getting in front of a judge — and we have the option in the future of doing whatever we want to do while we still have control.”

Tim Bates, mayor pro tem for the city of Clermont, thanked the commission for working with all parties and being open to ideas.

“It’s been very humbling to have all these different entities come together and work toward a common goal rather than come and fight each other,” Bates said. “It’s been a pleasant surprise.”