HomeMy WebLinkAbout2005 11 14 Regular 500
CITY OF WINTER SPRINGS
II 1405_ COMM_Regular_500_ Utilization_oC TLBD _Authority _for_Repair_oCFences
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COMMISSION AGENDA
ITEM 500
Consent
Informational
Public Hearin
Re ular
x
November 14.2005
Regular Meeting
~
Mgr. J / Dept.
. AuthorIzatIOn
REQUEST: City Manager making the Commission aware of citizen request's to utilize the
Tuscawilla Lighting and Beautification Assessment District Authority to repair and improve
fences along the east side of Tuscawilla Road between Trotwood Boulevard and Winter Springs
Boulevard, and to determine if the Commission desires to take any action on the matter.
PURPOSE: This agenda item is needed to advise the Commission of efforts being made by residents
along Tuscawilla Road to utilize T.L.B.D. Assessment Authority to make repair and improvements to
their fences and for the Commission to determine what further action if any it desire to take on the
matter.
CONSIDERATIONS:
The following residents have expressed an interest in replacing the current wooden fences located on the
east side of Tuscawilla Road between Trotwood Blvd. and the FP&L power line easement damaged by
the 2004 hurricanes with decorative brick fences utilizing the T.L.B.D. assessments.
Mr. and Mrs. David Word
1221 Trotwood Blvd.
Mr. and Mrs. Dave Tibbets
706 Clubwood Court
Thomas E. Doss III
701 Sybilwood Circle
Joan Sisto
708 Club wood Court
Patty Condon
709 Sybil wood Circle
Annette Pursley
735 Sybilwood Circle
Wendy Bauer
725 Sybilwood Court
CITY OF WINTER SPRINGS
111405_ COMM_Regu1ac500_ Utilization_oC TLB D _Authority _for_Repair_oCFences
Page 2 of 3
The proposed fence improvement project would occur on 701, 703, 705, 707, and 709 Sybilwood circle.
Only two of the five property owners on which the proposed project would take place have expressed an
interest in the project.
Five of the persons expressing interest do not live on the effected property but desire to see the fence to
be repaired and improved to enhance the aesthetics of the area.
As you know from our own experience, assessments have been highly litigated in Florida to the extent
that the Florida Supreme Court issued specific guidelines for the lawful utilization of assessments.
The City prevailed in the litigation filed against the original T.L.B.D. assessment project because the
Supreme Court ruled that the City had followed the Supreme Court's guidelines.
It is very doubtful that such a project could be feasible for the following reasons:
1. It is highly unlikely that a fence improvement project could meet the apportionment of benefit,
and allocation of cost legal test stipulated by the Court.
2. Even if the legal test could be satisfied, which is highly unlikely, it is doubtful that the residents
of Tuscawilla would vote in favor to assess themselves to repair a few property owners' private
fences.
In order for the proposed project to comply with the Supreme Court's guidelines, a new assessment
district would have to be established incorporating only those properties that could comply with the
special benefit test. In all likelihood, that test could only be applied to a small number of parcels in the
immediate vicinity of the fences proposed for improvement. The apportionment of cost in this small
district would result in assessment rates that would cause the project to be economically unfeasible.
The only possible way to construct a fence improvement project that would be assessable to all, or most
of the property owners in the TLBD would be to construct a wall that could be justified on the basis of
benefiting property throughout the TLBD. A wall capable of benefiting property throughout the TLBD
would be all but impossible to accomplish since it would have to encircle the entire, or most of the
current T.L.B.D.
Once again, even if the legal test could be satisfied, the question is; would the property owners vote to
approve a project that would certainly be viewed by some, if not most of the residents of the T.L.B.D. as
an inappropriate utilization of their funds to repair someone else's property?
AL TERN A TIVES:
The Commission has three alternatives:
1. Do nothing.
2. Make a finding that the project does not represent a level of benefit to property the Commission
believes would justify further action.
3. Agenda this item for future public hearing and make a finding regarding the advisability of
further consideration of the project at that time.
CITY OF WINTER SPRINGS
I I 1405_ COMM_Regulac500_ Utilization_DC TLB D _Authority _for_Repair_oCFences
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On October 19, 2005, the matter of the proposed wall extension was presented to the TLBD Advisory
Board by the Urban Beautification Services Manager, with citizens from the area present. The Advisory
Board chose to take no action on the matter.
LEGAL OPINION:
The City's assessment attorney has provided the attached opinion stating his concerns regarding the
legal sufficiency of the proposed project.
FUNDING: No definitive scope of work or cost estimates have been developed for this project.
RECOMMENDATION:
It is recommended that the City Commission chose one of the following options:
1. Take no action on the matter.
2. Make a finding that the project does not represent a level of benefit to property the Commission
believes would justify further action.
3. Schedule the matter for a future public hearing and make a decision the Commission would
deem appropriate at that time.
Staff recommends Option "2".
ATTACHMENTS:
1. Assessment Opinion Letter.
2. Map of Proposed Wall Extension Area.
COMMISSION ACTION:
Page 1 of 2
Jan Palladino
From: Traber, Chris [ctraber@ngn-tampa.com]
Sent: Monday, October 31,2005 11 :18 AM
To: Steven Richart
Cc: Randy Stevenson; Ron McLemore; Aponte, Julio
Subject: RE: Map of Trotwood - Proposed Wall Extension
Hi Steven,
I have looked at the Trotwood Map and based upon our discussions about this proposed project, I have the following issues:
(1) [PROJECT BENEFIT] The wall extension from the wingwall (as proposed) only abuts 5 lots along Tuskawilla Road. It
appears that this would only benefit 5 property owners. This is different than a normal subdivision wall project (such as the
Oak Forest project) where the entire subdivision is taken into account and a methodology is created to take into effect the
types of benefit.
(2) [APPORTIONED COST] Since the wall extension (as proposed) would only benefit these 5 property owners, monies from
the existing Tuscawilla Project should not be used.
(3) [PRIVATE PROPERTY] Even assuming we could get past the first two issues, the fact that the wall is on private property
presents additional issues such as the necessity of obtaining easements/agreement or purchasing the strip of land from 100%
of the 5 owners as well as the practical problem of continued maintenance, etc. if subsequent property owners do not like the
assessments and are not cooperative.
(4) [NEW SUB-ASSESSMENT AREA] As an alternative, a sub-assessment area might be created to only contain those
parcels benefiting from the wall extension, but you would have to go through all the steps of creating a new assessment area
(e.g. 2 resolutions, public hearing, notices, benefit/cost analysis, etc.) and the costs of implementing the assessment area
would have to be borne by these property owners unless the City wanted to contribute money to the project.
Hope that helps. Please call me if you should have any more questions.
Chris
-----Original Message-----
From: Steven Richart [mailto:srichart@winterspringsfl.org]
Sent: Friday, October 28, 2005 2:07 PM
To: Traber, Chris
Cc: Randy Stevenson; Ron McLemore
Subject: Map of Trotwood - Proposed Wall Extension
Chris,
As we discussed, I have attached a copy of the file showing where the residents are requesting a wall extension on private
property .
Please get with me on Monday to discuss the position paper from you on this issue.
Take care,
StIVlD T. Rlchall
Cltv Of Winter Springs
Communltv Development Depanment
Urban BeauUncaUon Services Division Manager
1126l S8 434, Winter Springs, Fl32108
(407) 327-5976 Office (321) 377-4059 Cell
162*19978*164 Nextel (407) 327-6695 Fax
srichart@wintersDrinasfT.ora
10/3112005
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