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HomeMy WebLinkAbout2012 08 29 Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee Orientation Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING AUGUST 29, 2012 1. CALL TO ORDER The Orientation Meeting of Wednesday, August 29, 2012 of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee was called to Order by Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department at 6:02 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance was led by Mr. Richar°t. 2. ROLL CALL: Committee Member David Boldt, present Committee Member Gary Brook, present Committee Member Ken Greenberg, present Committee Member Jon Lee, present Committee Member Lee Lindsay, present Committee Member Jack Rutherford, arrived at 6:05 p.m. Committee Member John Sundman, present City Clerk Andrea Lorenzo-Luaces, present Assistant to the City Clerk Cherilyn Taylor, present City Attorney Anthony A. Garganese, conducted an Oath of Office for the Committee Members present. 3. BRIEF REVIEW OF THE FUNDAMENTALS OF THE SUNSHINE LAW AND PUBLIC RECORDS ACT AND OATHS OF OFFICE. City Attorney Anthony A. Garganese presented this Agenda Item and stated, "Now that you are on a City Committee and you are tasked with a certain function pursuant to that enabling Resolution, any discussions between fellow board Members on that issue under your enabling Resolution about this Wall, have to be conducted in `Sunshine'. Those conversations have to be held at an open Meeting that have been advertised to the public. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING-AUGUST 29,2012 PAGE 2 OF 8 That means you can't talk to one another outside of the Meeting regarding this issue, that means you cannot email each other, you can't do text messaging regarding the scope of duties that you have - or anything of the sort that would allow you to communicate regarding the matter that you have been tasked with." Committee Member Jack Rutherford arrived at 6:05 p.m. Next, Attorney Garganese addressed the issue of Public Records and noted, "Any record that is created whether it is email, a written document - if you write anything about this task that you have, the 12/12A Wall, and you're communicating that to somebody, it is Public Record. You need to preserve it, give it to the Clerk and she'll compile it and keep it for public records purposes." Further discussion ensued about what forms of communication constitute public records. Committee Member Gary Brook mentioned that he had a list of email addresses for Unit 12/12A residents and discussion followed on how all residents could be included and be kept informed about the meetings and actions of this Committee. Deputy Mayor Joanne M. Krebs suggested that Mr. Brook could forward his list to the City Clerk. It was also discussed and agreed that the City could post something on their website related to the proceedings of this Committee. City Clerk Andrea Lorenzo-Luaces stated, "We'd be glad to do that." Members of the Committee nodded in agreement also. 4. ELECTION OF CHAIRPERSON. Mr. Richart introduced this item and said, "The next order of business is Election of Chairperson." COMMITTEE MEMBER GARY BROOK WAS NOMINATED FOR CHAIRPERSON. MOTION. SECONDED. DISCUSSION. COMMITTEE MEMBER JACK RUTHERFORD WAS NOMINATED FOR CHAIRPERSON. MOTION BY COMMITTEE MEMBER LEE. SECONDED BY COMMITTEE MEMBER LINDSAY. DISCUSSION. COMMITTEE MEMBER RUTHERFORD KINDLY DECLINED THE NOMINATION. MOTION TO ELECT COMMITTEE MEMBER GARY BROOK AS CHAIRPPERSON CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY CON41%41TTEE ORIENTATION MEETING-AUGUST 29,2012 PAGE 3 OF 8 5. ELECTION OF VICE CHAIRPERSON. Chairperson Brook presented stated, "We need a Vice Chair, do I have a Motion?" MOTION TO NOMINATE KEN GREENBERG FOR VICE CHAIRPERSON. MOTION. SECONDED. DISCUSSION. MOTION CARRIED. ❖❖ AGENDA NOTE: CLARIFICATION ON A PORTION OF THE NEXT AGENDA ITEM TITLE IS NOTED DURING THE BEGINNING OF THE AGENDA ITEM, FOLLOWED BY THE REST OF THE AGENDA. ❖❖ 6. BRIEF OVERVIEW OF THE ENABLING RESOLUTIONS (2012-12 AND 2012-19) AND EXPLANATION OF THE COMMITTEE'S ROLE AND THE ROLE OF STAFF. Attorney Garganese commenced a review of Resolution 2012-16 and Resolution 2012-19 and noted that the Agenda incorrectly listed Resolution 2012-12 instead of Resolution 2012-16. Resolution 2012-19 was correct on the Agenda and in this Agenda Item title. Addressing Resolution 2012-16, Attorney Garganese stated, "All your Meetings will be Noticed. They will all be Public Meetings and open to the public; they will commence no earlier than 5:00 p.m. during any work week. The Clerk's Office will maintain the Agendas and Minutes and recordings of all of your Meetings." Continuing, Attorney Garganese noted that a majority will constitute a quorum which would be at least four (4) Committee Members present to hold a Meeting and added, "If we have less than four (4) we will not be conducting a Meeting. The Commission has stated that you will act by Majority Vote, and so you will have to call for Votes on issues so it is reflected in the Record. However, in your Final Report that you prepare for the Commission, if there is a minority opinion or position, which has obtained at least three (3) Members of the Committee for support, that minority opinion can be reflected in the Final Report." Next, Mr. Garganese discussed Resolution 2012-19 and mentioned, "Your goal, after you've reviewed all of the matters and looked at all the facts and information would be to prepare a Final Report. You would have to determine and recommend to the Commission the replacement, repair, or removal of the Unit 12/12A Wall. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING-AUGUST 29,2012 PAGE 4 OF 8 That recommendation shall address the technical and the financial aspects of your recommendation subject to two (2) constraining parameters: (1) There will be no additional cost imposed on the City regarding the implementation of your recommendation and (2), There will be no further liability imposed on the City with respect to your recommendation." Discussion ensued regarding the Committee making a recommendation to the City Commission that meets both constraining parameters. Committee Members then discussed costs associated with the Committee Meetings. Additionally, discussion ensued about costs associated with sections of the wall that have already been removed and whether these costs would be attributed to whatever solution the Committee proposes. Next, the Committee Members discussed the logistics of reaching a Consensus for a recommendation to be brought before the City Commission to Vote on. Attorney Garganese noted, "There will be a draft, and that draft then will be circulated at a Public Meeting and you all will review it and provide comments." Continuing, Attorney Garganese mentioned the deadline for the recommendation is scheduled for November 12, 2012. Further discussion ensued on the proposed date for the recommendation. The logistics of a tie-breaking vote were then discussed and Attorney Garganese explained that in terms of this Committee, "Everybody has a Vote." 7. BRIEF EXPLANATION OF THE INFORMATION THAT WAS AVAILABLE TO THE CITY COMMISSION (AGENDA ITEM) AND USE OF IT AS BACKGROUND INFORMATION. Mr. Richart introduced this Agenda Item and referred to a presentation for review. Continuing, Mr. Richart stated, "We talked about the timeline for your recommendation being November 12, 2012, and I want to talk about the exact direction of those two (2) actions that the Commission gave." Discussion ensued. Furthermore, Mr. Richart noted, "The recommendations would be that the technical aspects and the financial aspects would need to be addressed in this recommendation under the following two (2) parameters, no cost to the City and no further liability would be imposed on the City. So, that's our charge, that's what we need to go forward and do - that's our primary responsibility. Again, once we've done that, other recommendations can be made after that." Next, with the condition of the Wall being addressed, Mr. Richart reviewed some key points from a report and stated, "The bearing capacity was okay, the overturning stability it failed the wind load." Further comments ensued on wind load capacity. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING—AUGUST 29,2012 PAGE 5 OF 8 Mr. Brian Fields, P.E., City Engineer, Public Works Department explained further and said, "It's the bending of the wall that has no vertical reinforcement." Continuing, Mr. Fields explained, "So that wind load hits the wall, it does not have the ability to bend with the wind." Additional discussion ensued on the wind load capacity, the wall meeting Code, permitting, that the footing was very poorly done, that a Consultant could be brought in, the caution tape at hazardous locations, and related costs. The topic of a funding source was raised as Mr. Richart explained the different components comprising a Special Assessment program including Capital Assessments and Maintenance Assessments. Mr. Richart also mentioned, "Ownership really is in the City but through the Assessment area." Further comments followed on insurance matters and Mr. Richart stated, "I've already got a rough quote, it's less than one thousand dollars ($1,000.00) a year to insure the entire Wall." Discussion then focused on whether there is a minimum or maximum amount for an Assessment program and payment processes. Tape I/Side B Further remarks ensued on a Special Assessment program, the Scope, and repairs to the Wall, to which Mr. Richart suggested, "It may be wise to potentially have the TLBD (Tuscawilla Lighting and Beautification District) look at it and take on the duties of watching over the budgets and meeting with Staff." Continuing, Mr. Richart mentioned, "For the economies of scale to kick in for this to happen, it kind of needs to be on the backbone of the TLBD (Tuscawilla Lighting and Beautification District) - we already have the database, you're already in it, your ninety (90) homes are already in it, it's already there. So, it makes the most sense. It's just another phase, `Phase III' of the TLBD (Tuscawilla Lighting and Beautification District)." Additional discussion. Mr. Richart added, "What I recommend is a two (2) tiered Benefit Unit - and basically, if you live on the Wall you pay a little more." Discussion ensued on Consultants, and parameters they would need to live with. Mr. Richart clarified that on the PowerPoint presentation, the reference to "midway" should actually read"adjacent to the wall." Further discussion ensued on the use of this formula for the Assessment program, Consultants, and possible security benefits that residents may receive from the Wall. Mr. Richart stated, "We'll keep you informed and we may have them come to speak and tell you more about it." CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING—AUGUST 29,2012 PAGE 6 OF 8 Mr. Richart then addressed the steps required to establish an Assessment program, asked the Committee Members for their email addresses, and noted the possible options related to the Wall for consideration. Regarding costs, Mr. Richart was asked to send the quotes he had to the Committee Members. Mr. Richart responded by saying, "Sure, absolutely." The Committee Members then discussed the possibility of scheduling a time for all the Committee Members to meet and walk the area and take notes. Mr. Richart mentioned, "That would have to be a noticed Public Meeting to do that." Next, the Committee Members noted their interest in the selection of Contractors. Mr. Richart explained we typically go with the low Bidder and added, "Typically there would be minimal input in the selection." Further discussion ensued regarding obtaining Bids from Contractors and pricing. Mr. Richart stated, "On these considerations, any suggestions that you all would have — and to enhance the Wall, again if you want to add any signage or landscaping or irrigation, that's certainly an option to think about." A quote from Seminole Masonry, Inc. was briefly addressed, along with the removal of trees and other related landscaping along the Wall, timeframes, heights for the Wall, what constitutes structural changes made to the Wall, and vegetation surrounding the Wall. Much discussion continued followed on the Wall, possible Assessment costs, maintenance, different styles of possible walls and the Options for consideration and related costs and wall structure. Tape 2/Side A With discussion, the Advisory Committee members mentioned the possibility of having a name for the community placed on the Wall. Deputy Mayor Krebs added, "It gives a sense of place." Discussion continued. Next, there was discussion on a Site Inspection and where to meet. With discussion, the Committee Members came to a Consensus that they would like to meet on Thursday, September 6t1i, 2012 at 5:00 p.m. at the intersection of White Dove Drive and Northern Way. A Regular Committee Meeting would then follow at 6:00 p.m., at City Hall. Discussion. Deputy Mayor Krebs remarked to Mr. Richart, "I will see you one morning next week and we will go out." Mr. Richart agreed and noted that transportation will be available, in case of inclement weather. The Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee members requested informational materials be provided before next week. Mr. Richart replied "I can email them to you as soon as tomorrow or Friday. I can email everything — I'll get your addresses. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING-AUGUST 29,2012 PAGE 7 OF 8 I'm going to be your primary contact on stuff like this, so if you all have questions or want to email me— do that and/or I will email you, but just keep in mind, it has to come directly to me or the Clerk's Office or somebody here at the City." Discussion followed on the possibility of using certain types of vegetation on a wall, and what was used on the wall around the Oak Forest community. Deputy Mayor Krebs noted, "Part of the reason we did that for Oak Forest, or probably the nature of at least why we did that, was to soften the look of the wall." Mr. Richart added, "It's also saving us money every year on our maintenance, because we don't have to pressure clean it." Further comments continued on maintenance of vegetation surrounding such walls. 8. PUBLIC INPUT Chairperson Brook opened "Public Input". Ms. Nancy Greenberg, 1635 White Dove Drive, Winter Springs, Florida: asked when and who decided that the City of Winter Springs had no financial responsibility to building and maintaining the Wall; why it would fall on the residents; and, how cost estimates were calculated for any maintenance. Mr. Richart answered "The last action of the City Commission was that there be no cost to the City. I went over that in the first part of my presentation. So, it was the City Commission that decided that." Ms. Greenburg then asked if the residents had any input on the decision. Mr. Richart pointed out, "We had two (2) Workshops and several City Commission Regular Meetings where this was discussed and the public did have time to speak. We do have this Committee now." City Manager Kevin L. Smith stated, "The Commission wants to hear from you all. That is why they put this Committee together, to be able to get your feedback—to come back and make that ultimate decision." Further comments continued on input from residents and potential costs related to this project. Chairperson Brook closed "Public Input". 9. DISCUSS GAME PLAN FOR MOVING FORWARD TO COME UP WITH A RECOMMENDATION TO THE CITY COMMISSION. Discussion followed and it was suggested that ideas could be sent to City Staff. CITY OF WINTER SPRINGS,FLORIDA MINUTES TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ORIENTATION MEETING—AUGUST 29,2012 PAGE 8 OF 8 10. ESTABLISHMENT OF NEXT MEETING DATE/TIME. As previously discussed, the next meeting was determined to be held on Thursday, September 6, 2012, with a Site Inspection held first at the intersection of White Dove Drive and Northern Way at 5:00 p.m.; and then, the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee would meet at City Hall at 6:00 p.m. for a Regular Meeting. 11. PUBLIC INPUT Chairperson Brook opened "Public Input". Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: noted his concern that the Committee might be getting bogged down in details already decided upon by the City Commission and to trust Staff with their expertise; suggested that the Committee make a decision before the November Elections; and thought the Committee should not enhance what has already been considered for repairing this Wall. Chairperson Brook closed "Public Input". 12. ADJOURNMENT Chairperson Brook adjourned the Meeting at 8:09 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-L UACES, MMC, CITY CLERK AND CHERILYN TAYLOR, ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the September 19,2012 Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee Regular Meeting.