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HomeMy WebLinkAbout2007 08 09 Consent Item 200 Approval of May 10 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING MAY 10, 2007 CALL TO ORDER The Oak Forest Wall and Beautification District Advisory Committee Regular Meeting of Thursday, May 10, 2007 was called to Order by Vice Chairman Leo Marion at 7:01 p.m., in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, and Winter Springs, Florida 32708). Roll Call: Vice Chairman Leo Marion, present Committee Member Brian Oliver, present Committee Member Terry Patten, absent Committee Member Sharon Hotchkiss, present Advisory Committee Member Sharon Hotchkiss led the Pledge of Allegiance. INFORMA TIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The February 8, 2007 Regular Meeting Minutes. "I MAKE A MOTION TO ACCEPT THE MINUTES [FEBRUARY 8, 2007]." MOTION MADE BY ADVISORY COMMITTEE MEMBER OLIVER. SECONDED BY VICE CHAIRMAN MARION. DISCUSSION. VOTE: COMMITTEE MEMBER OLIVER: AYE COMMITTEE MEMBER HOTCHKISS: AYE VICE CHAIRMAN MARION: AYE MOTION CARRIED. ~ I ~ ; ::h " ....J I ....J ~ .., ~ """~ - ~ t;,.-;.A....l ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICA nON DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10,2007 PAGE20F7 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Community Development Department - Urban Beautification Services Division Discuss The Oak Forest Wall And Beautification District Assessment Rates. Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department presented this Agenda Item and stated, "We have done a five (5) year projection which includes Budgets for the next five (5) years; you know our Assessment revenues that we need to have to continue to operate the District. You will find on page 8 starting; it's a letter from our Assessment consultants, GSG (Government Services Group Inc.) basically on page 9 it's having our Finance Director certify the new Assessment Rates that we are going to be askin~ for you guys to approve tonight. Weare going forward to the Commission on May 29t [2007]. We would like for somebody from this Board to be there; at least one of you to in case they call upon us to talk about it, just to represent the Board." " =1 ~ ; ?....1 I ~ ~ ..,- ~ - ~ L-..l L ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10, 2007 PAGE30F7 Mr. Richart continued, "You are looking at Capital Assessments being seventy two dollars ($72.00) a year per E.R.U. (Equivalent Resident Unit) that is basically per house; and you have a benefit unit based upon your proximity to the Wall. So, the further you are away, the less it is for your house, but the - one unit is seventy two dollars ($72.00). Currently, it is seventy one [dollars] ($71.00) and it is at max; so we are just asking that we raise it one dollar ($1.00) for the Capital and that is for the loan stuff; paying back the debt." Continuing Mr. Richart explained, "Now the Maintenance side, we are asking for a max of sixty three dollars ($63.00) and that doesn't mean that we are going to automatically raise the Assessment to sixty three dollars ($63.00) a year, but it gives us that leeway in case we need to make adjustments along the way. And I will show you what our prospectus is in a few minutes, it is less than sixty three [dollars] ($63.00). But we want to be able to make this budget last five (5) to seven (7) years before I have to come back and do all these things again, so we want to give ourselves room to do it." Discussion. The presentation continued and Mr. Richart added, "We will walk through this prospectus, starting with page 11; this is a sample notice to each property owner that will go out; that will be mailed that says, if you look to the middle of the page, it says 'Prior Rate Per Benefit Unit, Capital is seventy one dollars ($71.00) which the new rate would be seventy two [dollars] ($72.00) and then the Maintenance is forty [dollars] eighty-two [cents] ($40.82) and the new rate would be sixty three [dollars] ($63.00)', that is the maximum rate. So you are looking at the maximum going from one hundred and eleven dollars and eighty-two cents ($111.82) a year which is what they currently are, actually to a potential of up to one hundred and thirty-five [dollars] ($135.00); that is a twenty-three dollar and eighteen cent ($23.18) difference that we have that room to make the adjustment." Further discussion. Mr. Richart stated, "The way that we have designed this we're hoping that this will last seven (7) years but we did it for five (5) [years]; and we may come back in five (5) years, look at it, we don't have to pay the consultants to do that and say we are in good shape, let's go two (2) more [years], and I think that is what we will end up doing. But every time we engage those Consultants the costs go up; and every time we mail out, the costs go up; so we are trying to plan ahead and make sure that we stay in good shape." Discussion. II: I . ; ~ I ...J · ...J ~.J - .. .:. ~ L-.J t:~ J CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10,2007 PAGE 4 OF 7 Mr. Richart continued, "It shows our timeline and what is going to happen, again May 29th [2007] is the Meeting; the Public Hearing, so somebody should be there. So essentially what I am asking you guys to do tonight, someone makes a Motion if you guys want to accept this and endorse it and support it, you would make a Motion stating the maximum numbers, again which are sixty-three dollars ($63.00) maximum for Maintenance and seventy two dollars ($72.00) maximum for Capital, and also accepting, if you agree with the five (5) year projected budget that has been presented." Mr. Richart noted, "The Capital is done. The Maintenance you can't prepay so it is always; it's everybody. The Capital, they're done; basically what we are dealing with is the people who decided to finance their portion. If you paid up front, you have no finance fees. But if you are still in the program as a financed user, we will call it, and you still pay every year, then you will have the additional Assessment but if you prepaid, there is no additional cost. So, again it is seventy-two dollars ($72.00) and sixty-three dollars ($63.00) for the new maximums. So, you would agree that the Assessments would be set up to those amounts." Mr. Richart added, "The bottom line is, if we do not raise this, your program will be cut." "I MAKE A MOTION WE ACCEPT THE PROPOSAL FOR THE INCREASE IN THE OAK FOREST CAPITAL FUND TO SEVENTY-TWO [DOLLARS] ($72.00) AND ALSO THE OAK FOREST MAINTENANCE FUND TO THE MAX OF SIXTY-THREE [DOLLARS] ($63.00) AS STATED IN THE ARTICLE PROVIDED BY - GSG (GOVERNMENT SERVICES GROUP), THE CONSULTANT." MOTION BY ADVISORY COMMITTEE MEMBER OLIVER. MR. STEVE RICHART CLARIFIED THIS MOTION AS MADE BY ADVISORY COMMITTEE MEMBER OLIVER AND SAID, "AM I CORRECT IN SAYING THAT WOULD BE UP TO THE MAXIMUM OF SEVENTY-TWO DOLLARS ($72.00) FOR THE CAPITAL ASSESSMENTS AND A MAXIMUM OF UP TO SIXTY-THREE DOLLARS ($63.00) FOR THE MAINTENANCE ASSESSMENTS PER BENEFIT UNIT." ADVISORY COMMITTEE MEMBER OLIVER SAID, "CORRECT." SECONDED BY VICE CHAIRMAN MARION. DISCUSSION. VICE CHAIRMAN MARION SAID, "IF SOMEBODY CALLS ME, BECAUSE THEY SEE THAT I AM VICE CHAIRMAN, THEY WON'T WANT TO WAIT THEY WILL JUST WANT TO TALK TO SOMEBODY, SO I WILL TELL THEM THAT THIS SEVENTY-TWO DOLLARS ($72.00) AND THE SIXTY- THREE [DOLLARS] ($63.00) IS AN INCREASE FOR THE NEXT FIVE (5) YEARS; A POSSIBLE INCREASE." MR. RICHART SAID, "UP TO AGAIN." VICE CHAIRMAN MARION SAID, "UP TO, I DON'T WANT TO TELL THEM THAT IT IS GOING TO GO UP ALL OF A SUDDEN." COMMITTEE MEMBER OLIVER SAID, "NO, IT IS THE MAX." VICE CHAIRMAN MARION SAID, "IT'S UP TO AND IT IS SPREAD OVER A FIVE (5) YEAR PERIOD." . I ~~ ~'-' · ...:J ~ .:-: ~ -~ t:.A.-.J I ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10, 2007 PAGE50F7 MR. RICHART SAID, "THE BEST THING TO SAY, TO MAKE IT REALLY EASIER FOR EVERYBODY IS SIMPLY, THAT IT IS GOING TO BE INCREASING UP TO TWENTY-THREE DOLLARS AND EIGHTEEN CENTS ($23.18) A YEAR." MR. RICHART NOTED, "HAVE THEM CALL ME AND I WOULD BE GLAD TO EXPLAIN IT TO ANYBODY." VOTE: COMMITTEE MEMBER HOTCHKISS: AYE COMMITTEE MEMBER OLIVER: AYE VICE CHAIRMAN MARION: AYE MOTION CARRIED. REGULAR 601. Community Development Department - Urban Beautification Services Division Review Of Budget. Mr. Richart introduced this Agenda Item. Discussion. REGULAR 602. Community Development Department - Urban Beautification Services Division Maintenance Items And Progress Report. This Agenda Item was presented by Mr. Richart for discussion. REGULAR 603. Community Development Department - Urban Beautification Services Division Update On The Proposed Wall Extension. Regarding this Agenda Item, Mr. Richart explained, "The Attorney has basically said to us, 'We still have not been able to prove who owns this property (the property that we want to purchase for the wall extension)'. I have a letter - it's attached in the back of this package from him." Furthermore, Mr. Richart noted, "Basically for him to continue to search for this thing and try to find out who the real owner is, it's going to cost us more and more money. So we can either have him continue doing it; we can throw our hands up and - end it; you guys tell me." Advisory Committee Member Oliver said, "It is going to cost money either way, why don't they just go ahead and pursue just taking it." Vice Chairman Marion, "Right." - . I ; P I ...J ....J ~ -- -- ~ L.-...J l-.J CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10, 2007 PAGE60F7 Mr. Richart said, "There is another option, Mr. Brian Oliver can grant us an Easement to put the wall on his property." Advisory Committee Member Oliver said, "It makes no difference to me. I can grant an Easement, I don't have any problem." Mr. Richart said, "I don't know all the terms of it; I would have to get with the Attorney. My answer would be - your neighbor would have to grant us a small Easement and you would have to grant us an Easement, I am guessing with about five (5) foot onto your property. The wall would have to jog back onto your property and then come across. Of course, you'd lose rights to that property." Then, Mr. Richart stated, "In my mind, the answer is getting that easement from you and your neighbor and doing that and being done with the thing. The problem is there is also a cost. We have to pay Bell South to abandon one of their easements which is now almost a thousand dollars ($1,000.00)." Committee Member Oliver said, "Why would you have to get my neighbor to grant an Easement?" Mr. Richart said, "Because it touches her property. When we jog back to go into your property, it's just that little small couple of feet." Committee Member Oliver said, "Are you talking about the Mahoney's?" Mr. Richart said, "The one to the south of you." Committee Member Oliver said, "One right at the - and Tuskawilla Road?" Mr. Richart said, "Right." Committee Member Oliver then said, "That is fine with me. I can grant the Easement." Discussion. Tape II Side B Committee Member Oliver said, "Like I said, it makes no difference to me. I will grant an Easement. As long as the neighbors don't mind." Mr. Richart said, "Will you contact your neighbor and ask them if they're willing to do the same? If you both agree verbally to do that, I'll engage the Attorney - to pursue that if the City Manager backs it. I think that's fine." Mr. Richart stated, "So that is what we can do if you will pursue that and get back to me." Committee Member Oliver said, "How much do they need to donate? Probably three (3) or four feet (4')?" Mr. Richart said, "I will find out from our Capital Projects guy." Committee Member Oliver said, "I don't have a problem; I don't think they will either because they have got a big chunk ofland back there too. But, I can't speak for them but - I will to them and see what they say." Mr. Richart said, "And if they say, 'Let's do it', well we will move right ahead; we will get the approvals we need here; we'll get the Attorney on it - I think that you just record the Easement - it's not big deal, I don't think. Then we go to the Commission with bids; and they approve it. We construct; and maybe we could get it done before September 30th [2007]. And that would be great. And then we could finally put all this to bed. I just want it done." Discussion. -.;::: 1 ~ ~ ?~ . ~ ~ --- --~ ~ t.,;.e'...1 ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE REGULAR MEETING - MAY 10,2007 PAGE70F7 "I MOVE THAT WE PURSUE GAINING AN EASEMENT ON THE PROPERTIES ADJACENT TO THE WALL SO THAT THE WALL CAN BE CONTINUED." MOTION MADE BY ADVISORY COMMITTEE MEMBER HOTCHKISS. SECONDED BY VICE CHAIRMAN MARION. DISCUSSION. VICE CHAIRMAN MARION SAID, "HOW DID WE END UP WITH THIS SITUATION WHERE WE JUST HAVE A LITTLE PIECE OF PROPERTY AND WE HAD TO PUT A FENCE THERE?" MR. RICHART STATED, "OAK FOREST DIDN'T OWN THE LAND. THE LAND WAS A PART OF THE SEMINOLE PINES [MOBILE HOME PARK] THING SUPPOSEDLY." MR. RICHART ADDED, "THE BOTTOM LINE IS - THE PROPERTY WASN'T ACQUIRED; IT WASN'T PART OF OAK FOREST [DISTRICT] AND THE WAY THE WALL WAS BUILT, THAT'S WHERE IT STOPPED AND IT WAS SOMEONE ELSE'S PROPERTY." DISCUSSION. VOTE: COMMITTEE MEMBER OLIVER: AYE VICE CHAIRMAN MARION : AYE COMMITTEE MEMBER HOTCHKISS: AYE MOTION CARRIED. ADJOURNMENT Vice Chairman Marion adjourned the Regular Meeting at 7:57 p.m. RESPECTFULLY SUBMITTED: CAROL A. LALLA THIN ASSISTANT TO THE CITY CLERK NOTE: These Minutes were approved at the Advisory Committee Regular Meeting. , 2007 Oak Forest Wall and Beautification District -- I . : ~- . """ . """ ~V or ~ L.:-.J 1 -.I