Loading...
HomeMy WebLinkAbout1993 03 15 City Commission Workshop Minutes . WORKSHOP MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 15, 1993 The Workshop Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:00 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John V. Torcaso, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Also present Attorney Keith Bricklemyer Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, absent Discussion of Tuscawilla Maintenance Issue: Mayor Kulbes said we are here this evening to discuss the ordinance that will govern the maintenance of the Tuscawilla areas. Mrs. Katherine Reischmann, attorney for the Tuscawilla Homeowners Association, spoke to the Commission. She said the Tuscawilla Board of Directors has asked that the importance of having a Citizen Advisory Board which is made a part of this ordinance be elected by the Tuscawilla property owners as opposed to simply being appointed by the Commission. This was a part of what was understood by the Tuscawilla Board of Directors and the homeowners prior to this when the poll was sent out to see if the homeowners were in favor of an assessment. . Mayor Kulbes explained that during the entire period of discussion, it was very clearly stated by this Commission that the Commission would select the people who would govern those funds, not be elected by somebody in Tuscawilla. Mrs. Reischmann said, "we would just ask that the Commission would have the final say in terms who would be appointed, but that the homeowners would have the right to advise the Commission of their wishes so that the Tuscawilla Homeowners Association would have the right to send out a poll recommending four names, and then have the Commission have the final say in terms of the appointment. The Commission would of course govern and have the final say over how the whole special assessment is determined, but by all previous discussions that the Board members are aware of, there was the understanding that the Advisory Board would be elected, and I believe the City has every right to allow such an election, and I'm just simply stating that the Board, very strong feeling that this would be in the benefit of the homeowners of Tuscawilla as well as the City that it would not detract from the City's powers, the City would have the ultimate authority on how these special assessments are made." Mayor Kulbes stated that we have already been receiving names from people in Tuscawilla who have indicated a desire to serve on that Board without any connection with the Homeowners Association. He said if you people want to have an election and submit names to this City Commission for consideration, this Commission will consider it but we are not going to be dictated to by any homeowners association, or who is going to be on that board. He said if we do not like the five or six names you submit, this Commission does not have to select any of those. . .' Workshop Meeting, City Commission, March 15, 1993 Page 2 Mrs. Reischmann said they understand that it is the City's ultimate right; that when creating a citizens advisory board the City does not have to accept every particular dictate, that is certainly understood. She said they are just asking that they be allowed to elect and advise the City of what the homeowners wishes are in that regard. Mayor Kulbes said the City is not going to stop anyone in Tuscawilla or Oak Forest in holding an election to submit names to this Commission; they can do that. Mrs. Reischmann said then they would just ask that that time period be allowed for them to go ahead and send out a poll to the property owners. Commissioner Jonas said one of the problems that is existing here is that we are taking too much time in this. He said it has almost been a year since we have started this process. Now we finally got to the point we have a ballot and a vote and now we are going to wait another month or longer before the next newsletter comes out with the names that have been selected, and as the Mayor has stated, there were other names that were submitted to both the Commission and the Tuscawilla Homeowners Association who are not on that list. Commissioner Jonas said if you are going to make a good ballot, make the ballot to those people who applied that want to serve on that committee. He said the Tuscawilla Homeowners Association has taken upon them- selves to take those names and then from those names elect eight people; now they are going to send out a ballot for the community to vote on four of those eight and there are people who are missing off that ballot who requested permission to be put on that ballot to have an opportunity to be able to serve on that committee. . He said he thought the Tuscawilla Homeowners Association wanted to get this thing underway, and now it will be another 30 to 45 days for those ballots to come in and be counted. He said that committee should have already been selected, and doing all the ground work that is necessary so that when the money does come in for the mainten- ance, we are ready to move. Mrs. Reischmann explained that some of the ground work has been done but it was felt that this extra lag time is vital to protect the property owners so that they have some say in terms of who is selected. Commissioner Torcaso said he has been against this project since the beginning. He said if the people want to put in flowers and take care of the fountains that is great; the City will take care of the roads like they have been doing. Commissioner Langellotti said when it was first announced that RTC would be taking over, it was the previous city manager and a group of homeowner members that agreed to this project. Isabelle Laub, Blue Spruce Court, said the residents of Tuscawilla did something un- precedented, they taxed themselves. She said they voted to be taxed and the tax is to be used for the maintenance of Tuscawilla. Since the people of Tuscawilla were brave enough to take the unprecedented action they did, they feel they have a duty and a commitment to oversee the spending of these monies. She said it is the wishes of the people of Tuscawilla to choose members from among the homeowners association and with the help of the City Manager to oversee that these monies are properly spent. . . . . Workshop Meeting, City Commission, March 15, 1993 Page 3 Mrs. Laub said she did not have the names with her, but they have been chosen and are ready to go on a ballot, and in two weeks this will be done. She said "under no circumstances do we wish to be dictated to as to who will serve; we voted to tax and we are planning to vote again to choose the committee. Please take this very strong statement under advisement in your consideration because originally it was asked that members from Tuscawilla Homeowners Association or members of communities were to be used on the board; they would have to meet with the Commission's approval, but we are adamant in wanting members from our community and we have very talented members". Attorney Kruppenbacher asked for direction. He said "do you want the Board as is presently written, to be that as nominated by the Tuscawilla Homeowners or as selected by the Commission?" He said that is not saying that Tuscawilla can not nominate people. He said originally this Commission's position was anyone could submit names, then the Commission would make a decision. Attorney Kruppenbacher said the issue is this; does this Commission want to say they are going to make the decision as to who is selected regardless of what names are given to them, who nominates it, whether it comes from the president of the Tuscawilla Homeowners Association Oak Forest or from whoever, the Commission will pick them, or does the Commission want to delegate that to be as selected by a vote as proposed from the Tuscawilla Homeowners? Commissioner Jonas said his opinion he wants the names submitted and this Commission will select the names and Commissioner Langellotti was in agreement. Attorney Bricklemyer explained the draft ordinance that was considered at your last meeting creates a special taxing district. It does not do the levy, the levy will come from a resolution. The ordinance creates the district, then after the ordinance is adopted is to go through the creation of another resolution that would establish the assessment procedure. Attorney Bricklemyer explained the way this ordinance is structured is the City Commission sits as the District Board. The advisory board is merely that, members from Tuscawilla plus the City Manager would be an Advisory Board to the District Board which is the City Commission, so all the decisions that are made with respect to the administration of the district are made by the City Commission. He said that is one of the things that makes it a dependent district, a taxing district sets up a whole set of legal constraints that would be different then if it were an independent district if the Tuscawilla Homeowners were doing the assessment. He said the assessment procedure there are two basic alternatives, Chapter 189 says when you create a special district you either have to use the Chapter 197 procedure which allows you on an annual basis to create an assessment roll, give it to the County and the County actually assesses the property owners at the same time they get their ad valorem assessment. He said that is probably the least administratively burden- some approach, and the County Tax Collector can charge up to 2% fee to do that. The other alternative is to use the same procedure that you would use if you were doing a sidewalk improvement. It is under Chapter 170 and that procedure is more liberal in terms of making an assessment. All that Chapter 170 requires in the resolution is you describe how the assessments are going to be made, what the formula is, what properties are going to be assessed and how they are going to be Workshop Meeting, City Commission, March 15, 1993 Page 4 . collected. He said you can do those on a monthly basis, and tie that to some other billing procedures. Attorney Bricklemyer explained the first time the City does this, there is a statutorily prescribed procedure and that you have to create the ordinance and the assessment role by the first of January for the first assessment. So for the purposes of timing this year, we have passed the window of opportunity to levy assessments pursuant to Chapter 197. Attorney Bricklemyer said this ordinance uses the Chapter 170 approach. He said there are prescribed procedures about how much notice has to be given,and the procedures are set out in there, but the method of asessment and the timing for creating of assessments is up to the Commission if they want to do it that way. He said those decisions need to be made. . Attorney Bricklemyer said the City could do a temporary Chapter 170 system, then as the first of the year switch it over and follow the procedures of Chapter 197 to get it on the tax bills. Commission was in agreement to work under Chapter 170 and then go with Chapter 197. He said one of the critical issues in terms of being able to do this is its a special assessment based on benefit, it cannot be a tax. This ordinance with some cleanup would be ready for adoption to create the district. The next step would be to create a resolution that says here is what we are going to assess for, here are the people to be assessed, and we need to determine what the methodology is and the methodology has to have some sort of credible basis in terms of your paying based on the benefit you are receiving, otherwise it could be determined to be a tax if someone wanted to challenge it. He said the flat fee is a little bit more difficult to deal with in terms of justifying that flat fee that is based on the benefit. If it was all single family residential that would be very reasonable, but we have to deal with some of these other circumstances like the golf course. Attorney Kruppenbacher asked if they work through what they think would be the most legally defensible approach and bring that back to the Commission as part of the ordinance, and the four dollars can be justified, that will be brought back, and if not, Attorney Kruppenbacher said he would bring the different legal options. Attorney Bricklemyer said one of the critical issues about the assessment resolution under Chapter 170, you have to have on record at the time of adoption of the resolution an assessment plat, and you have to describe what the properties are that are going to be assessed and how that money is going to be used. Attorney Bricklemyer said there is a sound legal argument to support your authority to assess special assessments based on benefit and use the money collected to maintain private property. On Page 2, Section 4 of the ordinance, Attorney Kruppenbacher said would be re- worked in light of the direction he has received this evening. He said one of the issues that ought to be provided in here is that the City is only going to expend for the district those monies that it collects from the assessment, so that if you have a 70% collection and you have a budget of $144,000, you are only going to fund it for 70%, and then if you happen to collect i.t later on you will begin building it up but the problem you have if you attempt to indemnify the district from the general . Workshop Meeting, City Commission, March 15, 1993 Page 5 . City coffers you begin to create an incentive not to pay it. Commissioner Jonas said that between Attorney Kruppenbacher and Attorney Bricklemyer, they will find a legal method of getting 100% collection of the area that is designated as a district. That is the objective. Attorney Kruppenbacher said he will put in the ordinance, "the public shall have the right to nominate to this Commission anyone they want, and if a group wants to bring in names, they can bring it in". Commissioner Jonas suggested changing the terms to two years and Attorney Kruppenbacher said there are two ways to do this, just say all members have x terms or two seats can be for one year term; one seat for two year term, and two seats for a three year terms so that the Board is changing but there is stability. Commissioner Jonas said another problem is we have five commissioners and only four positions. Mayor Kulbes agreed it should be changed to five members on the Board. After discussion Attorney Kruppenbacher said he would check to see if the Public Works Director and City Manager can legally vote which would bring the Board to seven members. If they cannot legally vote they will have to go ex officio. . Attorney Kruppenbacher explained on page 4, Section 6 the "district" is the City Commission. Commissioner Donnelly had a problem with paragraph E and Commission was in agreement to remove that paragraph. Attorney Kruppenbacher asked how it is going to be billed. Mayor Kulbes asked in addition to that question would the City get any reimbursement for its administrative costs. Attorney Bricklemyer said for example, when we go under Chapter 197, the Tax Collector handles that and he has a statutory right to assess up to 2% for collections as an administrative charge and the City could impose the same kind of authority in this ordinance giving the City the authority to charge back for administrative costs. Don LeBlanc, LDC, asked if we could have one assessment for twelve months and send out one mailing to cut costs, until the 197 kicks in. Mr. Jim Martello spoke to the Commission. He said he did not live in the City and had no vested interest in this issue but did want to share some of his knowledge. He said he worked in a number of capacities for Winter Springs Joint Venture and prior to that, Gulfstream Housing Corporation. He said at one time he oversaw the people that did the maintenance. He said the premise that everyone seems to be working on is the City cannot do the job. He said look at the park, that facility is main- tained on a level comparable with the golf course! He said another premise, the Homeowners Association is concerned about having representation as far as the allocation of the money; he said the Commission oversees millions in the City budget. He spoke about the irrigation system and the need for repairs. He said the minimum that system can be upgraded for is $270,000. Before you do any upgrading to the boulevard you need water. He said the issue of the water is a tremendous capital expenditure. Mr. Martello said if he was a homeowner expecting to pay four dollars a month and it comes out much higher than that because we did not have all our facts together, that is a consideration everyone needs to consider. . Commissioner Langellotti asked Mr. Martello if the golf course was releasing all the water they are allowed to. Mr. Martello said you would have to check with the Utility Director, but he said when the development company was there, they used the median to get rid of the effluent. . Workshop Meeting, City Commission, March 15, 1993 Page 6 John Katker, Oak Forest resident, spoke about the City taking over and running the proj ecL Gene Lein, Winged Foot Circle, spoke about the irrigation system. Ken Haynes, V. P. Oak Forest Homeowners Association, said there is a lot more at stake than just planting flowers. He said they are talking about a wall that might be constructed when the widening of Tuscawilla Road comes through, and the upgrading of the entranceways. Russ Robbins, Oak Forest, said this is a gift to the City because these lands are Winter Springs properties. He said the people of both Tuscawilla and Oak Forest are only interested in a type of landscaping that they have been accustomed to. He also said he feels it should be an equal fee per household, not on the value of the property. Dick Coniff, Royal Oak Drive, pointed out the initial reason that all of this came about was the fact that when the City planned to undertake the maintenance of all these roads and medians they felt they could not do it the way that it currently had been done and the residents of Tuscawilla felt like they would like, with their own monies through a means of collection, undertake to maintain the area as they feel it should be maintained to retain their property values. . Mr. Coniff also said these nominations are no attempt to dictate to the Commission those members that the Tuscawilla Homeowners Association is nominating. A survey was made looking at people who brought to this potential commitee unique talent, bringing people in who they felt might contribute to this nominating these people for the Commission's consideration, and he said our main request is that you look at this from a professional point of view, not a political view. He said the intent is to select qualified people because we have a board that has a major responsibility within the City. Mayor Kulbes said before the City assumes the responsibility of adding additional maintenance of public roads there will have to be a study made of how much it is going to cost the City, and he said he thinks we should go ahead and finalize the ordinance. Attorney Kruppenbacher asked if there was any problem with his figuring a way to do a one time assessment in one lump sum bill and see if he can bridge it to take us through to when we collect the monies under Chapter 197. Attorney Kruppenbacher said he will need a list of the properties and a legal description of all the properties in order to make the assessment. Don LeBlanc, explained it is rather difficult because the City is taking care of some of the properties and developers are taking care of some. He said all the right of ways belong to the City, so you can put every right of way in there and once you get out of the right of way, then you are on private property and that is a decision the Commission has to make which private property to take care of. . Mayor Kulbes said the consensus is to direct the City Attorney to finalize the ordinance creating the district in Tuscawilla and create a draft of a resolution to spell out how the workings of the district will proceed. . . . Workshop Meeting, City Commission, March 15, 1993 Page 7 Attorney Kruppenbacher said he would have the ordinance to the City Commission by March 22nd. The assessment resolution would come after that. On the Country Club Village Lighting issue, Attorney Kruppenbacher will have an ordinance for the first meeting in April to go with Chapter 197 and have it on the tax rolls for 1994. Meeting was adjourned 8:40 p.m. Respectfully submitted, Mary T. Norton, City Clerk