HomeMy WebLinkAboutBrian Oliver Letter Dated 2/16/2004~ --
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Ronald W. McLernore
Ciry Manager
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CITY OF WINTER SPRINGS, FLORIDA
1128 EAST STATE ROAD 434
WINTER SPRIN4S, FLORIDA 32708-2798
Telephone (407) 327-1800
February 16, 2004
Brian Oliver
630 Cheoy Lee Circle
Winter Springs, FL 32708
Dear Brian:
In response to our last conversation I contacted Bernie Martin's office to see what, if
anything, could or should be done to expedite completion of the re-plat of the property
the residents acquired next to Tuskawilla Business Pazk.
Additionally, I think I need to make a few comments to make sure that you and I are on
the same page regarding the fence and gate issue.
Newby Property
There is no way for you to gain access to Tuscawilla Road due to the blockage caused by
the Newby property. To date the Oak Forest Advisory Board has not indicated any
interest in' acquiring the Newby property, and Mr. Newby has not given any indication to
the city regadding his desire to donate or sale the property to the Oak Forest Assessment
District. If there is interest on the part of the Advisory Committee to acquire the Newby
property, it should have been included in their proposed Capital Budget for FY O5. It was
not included. Therefore, I can only conclude that you must be exploring personal.
acquisition of the property with your personal funds.
Gate Legality
The city's consulting assessment district attorney has opined he does not believe that
installation of a gate through a wall constructed by the Assessment District is a lawful use
of Assessment District funds since its full intent would be to serve only one person. As I
recall, I believe I advised you of this opinion some time ago.
Therefore, I can only conclude that it is your intent to pay the full cost of installing and
maintaining the gate if the Advisory Committee were to recommend, and the City
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Commission approve extension of the wall from its current point of termination
northward to the T~skawilla Office Park's southern boundary,
Plat Completion
As stated earlier, the city has taken the position that it will not allow extension of the wall
until such time as the re-plat is completed due to the necessity of amending the
Assessment District lines to bring that additional property into the Assessment District
once the re-plat is completed.
Not withstanding all of our desires to complete the re-platting as quickly as possible,
considering the discussion above, I am at a loss to understand the connection between
your desire to gain access to your property and your sense of urgency in getting the re-
platcompleted. I would appreciate you helping me to better understand this.
In summary, everyone is doing everything they can to expedite completion of the re-plat;
the Newby property must be acquired before the wall can be extended; the Advisory
Committee has taken no action to date to acquire the property; and the city's consulting
attorney has ppined that the Assessment District cannot use Assessment District funds to
construct gate access to your property.
As stated above, I need you to help me understand how you intend to gain the access you
are so tenaciously pursuing so that I can try to figure out how to help you.
Please contact me at your convenience.
5incerel ,
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Ronald W. McLemore
City Manager
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021604 BOliver Re-plat Issues