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Home My WebLink About2002 09 09 Consent A Reimburse to Oaks HOA for Streetlighting Costs 3' COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR ~PT /# Authorization September 9, 2002 Meeting REQUEST: Public Works Department Requesting Authorization to Reimburse The Oaks BOA for streetlighting costs incurred. PURPOSE: The purpose of this Board item is to request authorization to reimburse The Oaks HOA $3,886,78 for public road streetlighting expenses incurred by the HOA. CONSIDERA TIONS: The agenda item is needed to authorize reimbursement to The Oaks subdivision HOA for the streetlighting costs they incurred from August 1998 to April 2002 to illuminate Lisa Loop. The developer mistakenly established the streetlighting billing in the HOA's name. Lisa Loop is a public road with cobra light fixtures and concrete poles, which is the City standard. The City pays the cost of the streetlighting on public streets. In-April of this year, staff became aware that the HOA was paying the streetlight bill and the problem was corrected. A request was subsequently made by the HOA for reimbursement of $3,886.78 for payments they made from August 1998 to April 2002. Copies of all bills were provided. The City Attorney has opined that we are obligated to reimburse the HOA. FUNDING: The funding source for the $3,886.78 is the Public Works Streetlighting line code 4410- 54312. Funds are available for transfer in the Salaries line code to cover any shortages. RECOMMENDA TION: It is recommended that the Oaks HOA be reimbursed $3,886.78 from the Public Works streetlighting line code 4410-54312. \ \ Consent Agenda Item A September 9,2002 Page 2 IMPLEMENTATION SCHEDULE: The check will be forwarded within 14 days of approval. ATTACHMENTS: 1. HOA Request 2. City Attorney Opinion COMMISSION ACTION: :1: II1I1I PGS PRESIDENTIAL GROUP SOUTH. INC. Ct:7ndt:7m/n/um and ;JWm~t:7/17nNS ASSt:7c/t7/'/t:7Jr ;!I"anat7t'm~n/' 'Property Jv{anaqement . Ceas/nq . Xes/dent/al . Commercial - April 24, 2002 Mr. Kipton Lockcuff, P.E. City of Winter Springs 1126 E. SR 434 Winter Springs, FI 32708-2799 RE: Streetlighting - Florida Power Account 55181-39079 Oaks at Winter Springs HOA In reference to your letter to Florida Power Corp. regarding transferring streetlight inventory billing from Oaks of Winter Springs to the City's account, we would like to know if the Oaks at Winter Springs HOA will receive any type of refund of the monies they have been paying for these lights. Based on our records, they began paying for these fixtures in August 1998 through April 2002 for a total of$3,886.78. Copy of all bills attached. If you need any additional information, please do not hesitate to contact me at (407) 682-3355 Ext. 107. Please advise as to your decision. ./ Sincerely, Cj_.u:_r~ Anthony -6ua'tl?'gnino Property Manager Oaks at Winter Springs . 135 W. Pineview St.. AU.monte Sprinlr5. FL 3Z714 (407) 683-3355 · Fax (407) 6834956 .~ BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. Brown - Suzanne O'Agresta Anthony A. GarganeseO Gary S. Salzmano John H. Ward - Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott O. Oanahy Theodore F. Greene, III Kristine R. Kutz Todd K. Norman Vincent E. Scarlatos -Board Certified Civil Trial Lawyer OBoard Certified Business Litigation Lawyer oBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel August 1, 2002 via facsimile & u. S. Mail 407-327-4751 Kip Lockcuff Public Works/Utility Director City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 Re: Oaks at Winter Springs HOA Streetlighting Reimbursement Request City of Winter Springs - General Our File No.: 1193 Dear Kip: Please allow this correspondence to serve as a response to your request for a legal opinion regarding the above referenced matter. Substantially you asked, does the City of Winter Springs have an obligation to reimburse the Oaks at Winter Springs Home Owners Association (hereinafter "Oaks HOA") for costs paid for the operation of the streetlighting system from August 1998 to April 2002? In short we believe the answer is yes. As we understand the situation, the Oaks HOA began paying for the cost of operating the streetlighting system for its subdivision in August 1998. Your letter indicates this was due to an error by the developer, who should have transferred the billing to the City. The billing account for the system was transferred to the City in April of 2002 when 225 East Robinson Street, Suite 660 . P.O. Box 2873.' Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321 )'402-0144 . Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net \ Ki P Lockcuff August 1, 2002 Page 2 it was brought to the City's attention that the Oaks HOA had been paying for the costs of operation. The Oaks HOA is requesting reimbursement of $3,886.78, which is the amount it paid over the last four (4) years for the cost of operating the streetlighting system. We note Section 9-204 of the City Code which provides in pertinent part: (a) The final plan of each proposed development shall include a plan for the location of appropriate streetlights. The plans will disclose the intensity of illumination which would be accomplished. The plan would be prepared by, or in conjunction with, the power company serving the area. (1) Approval by the city engineer of the streetlight plan shall be made prior to staff review of the final plans. (2) Pole fee. The developer will be required to pay to the city a sum equal to all costs of operating the streetlight system for the first two (2) years after installation, which fee will be established by resolution of the city commission. (3) All costs, pertaining to installation of the streetlight system will be borne by the developer, and the streetlighting system will be installed by the power company serving the area. This is the only provision within the City Code addressing streetlighting systems. It appears from this provision that the City requires streetlighting systems along its public roads, the cost of installation of the system is to be bourne by the developer, but that the City willt>e responsible for the opt3rating costs of such systems. The only limitation is that the developer is required to pay a fee, equal to the costs of operating the system for the first' two years. There is no indication in the code of when the City becomes responsible for the costs associated with street lighting systems. Presumably this fee is collected and is to be used by the City during the first two years of the operation of a system, therefore, it would seem the City becomes responsible for the cost of operation upon approval and installation of the lighting. In light of the foregoing we believe the City is responsible for the reimbursement of the costs associated with the operation of the streetlighting system at the Oaks at Winter Springs. 225 East Robinson Street, Suite 660. P.O. Box 2873.< Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144' Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net 'j Kip Lockcuff August 1, 2002 Page 3 If you have any questions regarding this matter please do not hesitate to call our offices. Very truly yours, ~r;R ~"P. Buak Assistant City Attorney JPBI cc: Anthony A. Garganese, City Attorney Ron McLemore, City Manager 225 East Robinson Street, Suite 660. P.O. Box 2873" Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net