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HomeMy WebLinkAbout_2000 05 10 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MAY 10,2000 I. CALL TO ORDER The Special Meeting of May 10, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:40 p.m. in the Auditorium of the Winter Springs High School (130 Tuskawilla Road Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, absent Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present Mayor Partyka welcomed everyone in attendance, and stated "Weare here to listen to the comments and hopefully based on that make some wise decisions." Mayor Paul P. Partyka made the following introductions: Oak Forest Wall and Beautification District Advisory Committee Members, Mr. Tom Helgeson, Ms. Lorie Taylor, Mr. Albert Murro, Ms. Anna Fernandez, and Mr. Dennis Norsesian. The consultants that have been involved with the project: Mr. George Nickerson and Mr. Chris Traber from the firm of Nabors, Giblin & Nickerson, P.A.. Mr. Thomas Branham from Government Services Group. Introductions were also made regarding the following City Staff in attendance: City Manager, Mr. Ronald W. McLemore; Public Works/Utility Department Director, Mr. Kipton D. Lockcuff, P.E.; Assistant to the City Manager, Mr. Richard Greenwood; and City Clerk, Ms. Andrea Lorenzo-Luaces. Mayor Partyka gave a brief outline of the topics that would be discussed and the order in which they would be discussed. Commissioner Edward Martinez, Jr. stated, "Mr. Mayor, can we state for the record that Mr. Branham has in fact mailed copies of this document as stated in this form here to each qualified resident of Oak Forest, so we do not fall into the same trap that we fell CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 10,2000 Page 2 OF 7 with the previous exercise, that people were coming up here saying they were never notified, never received any papers." City Manager Ronald W. McLemore gave a brief overview "historically" of what has happened and decisions that have been made "To get us to this point." Manager McLemore explained how the idea for the Assessment District began in 1996; how there was an "expressed interest" from visionaries in Oak Forest; the disappearance of the tree line due to Tuscawilla Road being four laned; the problems this has created for residents who lived along the roadway; and that the wall should add aesthetic as well as public safety values. Manager McLemore further explained that the first formal action of the Commission regarding this matter was in April 1997 which authorized Manager McLemore and Commissioner David W. McLeod to work with the Oak Forest residents; along with the approval of $292,000.00 of Local Option Sales Tax Funds; funds that were allocated to the Tuscawilla road project; road plans developed by the County; building a section of the wall in the road right-of-way; and discussions with the County pertaining to easements and footers. Manager McLemore continued to brief everyone on the agreements with the County Commission; the April 8th "Joint Venture Agreement" with Nabors, Giblin and Nickerson; and the Agreement with the consulting firm of Government Services Group. Discussion continued regarding the consultant's report; the schedule of events; a process of advisory ballots within Oak Forest; the results of the advisory ballots; that 77.7% were in favor of the wall; adoption of the Resolution creating the Oak Forest Wall and Beautification District Advisory Committee; appointments to the Committee; and the Committee's purpose. Further topics discussed included the July 6, 1997 Interlocal Agreement with the County; the additional $192,500.00 Local Option Sales Tax; brick pavers; cross walks; improved lighting; results of the Advisory Committee working with the architects; the quality and look of the wall; the idea of the "improved intersection" at Winter Springs Boulevard; almost $500,000.00 in revenues committed to the project; revenues raised from the Assessment District; bids received from the County; bids including cost of the wall; footers; substantial increases in costs; increase in the early estimation of cost from $446,000.00 to $710,000.00; the economy; and a favorable bidding situation two years earlier. Discussion continued regarding the Oak Forest Wall and Beautification District Advisory Committee's recommendation to "Continue on" with the project; the Commission's approval on March 27, 2000 of Resolution Number 2000-07 authorizing advanced funds for the wall up to $725,000.00; the County's requirement of the wall section being the last phase of construction; consistency in events schedule; implementing the Assessment District this year; "Revenues to begin flowing in November of this year"; that the contractor decided to build the wall first; unavailable funds; the Commission's dilemma CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 10,2000 Page 3 OF 7 to advance the funds for the project to proceed or to rebid the project at a later date; approval of advanced funding; the City reimbursing itself from the Bond issue; and the purpose of tonight's meeting to possibly approve the Assessment District. Manager McLemore further mentioned the Commission's approval of Resolution 2000- 06 on April 10, 2000 which authorized that every parcel in Oak Forest would be publicly noticed of tonight's meeting and the possible creation of the Assessment district after a Public Hearing. Discussion continued regarding page two (2) of the Public Hearing outline entitled "Combined Maintenance and Capital Assessment Rates;" the "Recommended Initial Notice" costs; "Recommended Final Approved" costs; continuing to work to reduce the costs; the "Benefit Unit Parcels"; and the differing benefit levels. Manager McLemore then explained the different costs attributed to the benefit layers: aesthetics/identity; noise abatement; glare abatement; prepayments; and the two options for prepayment. Commissioner Blake left the "dais" at 7:05 p.m. Further explanation continued regarding the annual maintenance only costs, as applicable to differing benefit levels. Commissioner Blake returned to the "dais" at 7:07 p.m. Mayor Partyka invited Mr. Tom Helgeson, Chairman of the Oak Forest Wall and Beautification District Advisory Committee to speak on behalf of the Committee. Chairman Helgeson informed everyone of the Committee's purpose; the current construction phase and all it entails; the maintenance of the wall upon completion; the formation of the Advisory Committee; and the Committee's recommendation. Chairman Helgeson also recognized Ms. Lorie Taylor and Mr. Al Murro who also assisted with this effort. Chairman Helgeson also thanked City Manager Ronald W. McLemore and Commissioner David W. McLeod for their efforts with securing the funding from Seminole County. Chairman Helgeson spoke of the "People for Good Government" (PAC) and their "Eleventh hour mailing"; popular support from Oak Forest residents; increased costs of labor and materials; shared costs with Seminole County being a direct effort from Commissioner McLeod and Manager McLemore; and the Local Option Sales Tax. Mayor Partyka invited Mr. George Nickerson from the law firm of Nabors, Giblin and Nickerson to then discuss the legal issues. Mr. Nickerson discussed the criteria for Special Assessments; providing special benefits to the property; allocating costs; assessments being very common in Florida; that such a project would improve the livability of the neighborhood; reasonable methods of assessments; assessment funds being used for the specific purpose only; an annual payment program; additional prepayments which can still be paid after November 1, 2000; assessments not being tax CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 10,2000 Page40F7 deductible because a benefit was received; escrow provisions; escrow notices that had a higher number than is being recommended; and numbers not being able to be increased without another Hearing. Commissioner Martinez sought clarification whether the assessment could be pro-rated upon the transfer of property. Mr. Nickerson of Nabors, Giblin and Nickerson stated that would be more of a private contract issue. Mayor Partyka invited Mr. Tom Branham from the Government Services Group to discuss the "Methodology" portion of the Hearing. Mr. Branham informed everyone that the notices were mailed to all property owners on April 19th; some notices were returned due to address changes or property transfers; and that corrections were made and notices remailed.Mr. Branham further discussed that the main issues involved all the properties in the neighborhood benefiting from the improvement and the enhancement to property values. Discussion continued on the additional sound and glare reduction benefits to the adjacent properties; and how that was calculated. Commissioner Martinez then inquired about the number of notices that had been returned. Mr. Branham stated that approximately twenty (20) notices had been returned. Mayor Partyka opened the Questions and Answers portion of the Hearing. Mr. Stephen Hicks, 983 Sequoia Court, Winter Springs, Florida: spoke of the construction and maintenance fees for the brick wall; the annual assessment; and property taxes. Ms. Donna Gump, 716 Brooks Court, Winter Springs, Florida: Mayor Partyka noted that Ms. Gump had to leave the meeting but he would read her comment - "I object to the increased cost of the Oak Forest Wall." Mr. Brian C. Pittelkon, 1188 Baltic Lane, Winter Springs, Florida: sought clarification on how the assessment was calculated and what his payment would be. Mr. Ralph Bensema, 1186 Trotwood Boulevard, Winter Springs, Florida: raised questions and concerns regarding sound abatement. Discussion ensued regarding walls located in other cities and "echo chambers"; that this wall was a single wall rather than a double wall; and a Florida Department of Transportation (FDOT) study. Mr. Donald Levine, 1196 Gulfstar Drive, Winter Springs, Florida: raised questions whether any compromises were made on the construction, to reduce costs; msurance costs; and guarantees on maintenance costs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 10,2000 Page 5 OF 7 Mr. Terry Patten, 845 Benchwood Court, Winter Springs, Florida: spoke on the methodology of the wall; the City not profiting from the wall; the cost difference; contracts; and inquired about the City's process of reviewing contracts. Mr. Terry White, 985 Sequoia Court, Winter Springs, Florida: sought clarification on whether the assessment included any landscaping or a sprinkler system; and how the benefit units where calculated. Mr. Don McKarin, Oak Forest, Winter Springs, Florida: expressed his concern with the "safety issue" and how a vehicle has already damaged a portion of the wall. Mayor Partyka opened the "Answers" portion of the Hearing and asked Chairman Helgeson to address any questions that were raised during Public Input. Regarding the "Maintenance Cost of the Wall," Chairman Helgeson explained how the cost was determined; that the wall was a "thirty year asset"; maintenance including mildew removal, grout repair and replacement; landscaping and irrigation components associated with the roadwork; the damage caused by the vehicle and how the contractor is currently liable; how Staff has identified a weakness in the construction process and corrections are underway; the City carry's a "Blanket Policy" with a $25,000.00 deductible which would insure the wall after ownership has been transferred; and the maintenance fund including a "contingency fund" to protect the district from a financial loss. Discussion ensued on who determined the correct pricing and that all the decisions made for the Oak Forest Wall and Beautification District Advisory Committee were made by the City Commission based on the advice obtained from the Oak Forest Wall and Beautification District Advisory Committee. Chairman Helgeson spoke about why there was an increase in costs and what happened to the contract process; how rough design and current conditions were considered; that the bid would never match the estimate; the huge change in the construction market; shortage in qualified labor; and the bidding process. A question regarding "safety issues" was next addressed by Chairman. Helgeson. Chairman Helgeson spoke on the design of the wall; that it was reinforced with concrete and steel; the rigidity of the wall; and how "impact safety" was a consideration when masonry products were selected. Mr. Branham addressed the question regarding "Fair Benefit Units" and how they were determined. Mr. Branham spoke of his business experience; mentioned similar walls and subdivisions; how "Fair and Reasonable Portion" is required by law; and the twenty five percent (25%) add-on being fair and equitable for the benefits received. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 10,2000 Page 6 OF 7 Mayor Partyka suggested that a summary handout be prepared and distributed to everyone especially residents who could not attend the meeting, or incorporating it in the City's newsletter. Discussion ensued regarding the Advisory Board's ability to negotiate with outside sources; the Board's function; and Staffs administrative responsibilities. Commissioner McLeod thanked Mr. Branham for addressing the questions and concerns. Commissioner McLeod further spoke of change orders; footers; easements; potential for change; and design changes. Mr. James Toukatly, 1135 0 'Day Drive, Winter Springs, Florida: spoke of the price difference; if something had been done to renegotiate the contract to reduce the costs; and if any safety changes made to the wall are retroactive. Mr. Nickerson answered the question regarding the price difference by saying the City's investment banker was very conservative when the notices were sent out. Chairman Helgeson responded to the question regarding safety changes being retroactive by saying all weaknesses have been identified, and that from this point forward the construction of the wall is closely monitored. Board Member Albert Murro added that the wall has been built to a standard and is stable; and how changes have been implemented after an accident. Mayor Partyka noted for the record that "Yes" the wall was being built to a standard and that minimum standards are considered safe. Commissioner Blake left the "dais" at 8:02 p.m. Mr. Kipton D. Lockcuff left the "dais" at 8:02 p.m. Commissioner Blake returned to the "dais" at 8:03 p.m. Commissioner Blake noted that the masonry contractor had been replaced because of scheduling problems with the general contractor, and not because of sub-standard workmanship. The "Public Input" portion of this meeting was closed. Mayor Partyka said "I am looking for a Motion for Resolution 2000-10". "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ON THE RESOLUTION." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 10,2000 Page 7 OF 7 "I WOULD LIKE TO AMEND THE MOTION TO INCORPORATE THE NEW NUMBERS THAT WE HAVE TODAY IN ORDER TO APPROVE THE CORRECT NUMBERS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSSION. VOTE: ("ON THE AMENDMENT") COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: ("ON THE MAIN MOTION") COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. III. ADJOURNMENT Mayor Partyka adjourned the meeting at 8:03 p.m. Minutes Respectfully Submitted by: Tania Haas, Deputy City Clerk City of Winter Springs, Florida ,,~~..." " ' NOTE: These minutes were approved at the June 12, 2000 City Commission Meeting.