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Home My WebLink About2012 06 11 Regular 600 Resolution 2012-16 Wall Advisory Committee COMMISSION AGENDA Informational Consent ITEM600 Public Hearings Regular X June 11, 2012KS Regular MeetingCity ManagerDepartment REQUEST: The City Manager is requesting the City Commission approve Resolution 2012-16 providing for the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. SYNOPSIS: At the May 29, 2012 City Commission Special Meeting, the Commission directed Staff to proceed with the creation of a Tuscawilla Unit 12/12A citizen's advisory committee to make a determination on the type or types of wall the residents would like to pursue. This agenda item provides for Commission's creation of the advisory committee through Resolution 2012-16 and requests the Commission's input on the desired makeup of the committee. CONSIDERATIONS: The following information and data is provided for the Commission's consideration relative to this matter: Committee Authority & Creation At the May 29, 2012 City Commission Special Meeting, the Commission unanimously approved the following motion by Commissioner Brown regarding the Tuscawilla Unit 12/12A wall: "I will make a motion that we proceed as follows: We proceed with the creation of a citizen's advisory board out of unit  12 and 12A Following on with that we investigate the creation of an assessment  district funded up front by the City to be paid back through whatever funding source is decided upon Regular 600 PAGE 1 OF 3 - June 11, 2012 We look for that advisory board to make a determination on the type  or types of wall they would like to pursue We decide on the appropriate bonding/funding source and then  proceed with a plan to tear down the existing wall and rebuild." Resolution 2012-16 (see attached Exhibit 1) authorizes the creation of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee (TWAAC). Committee Scope of Duties Resolution 2012-16 also identifies the scope of the Committee's duties. The primary duty of the Committee, as directed by the Commission in the above approved motion, is to make a determination of the type of wall that will replace the existing wall. The duties of the Committee are outlined in Resolution 2012-16. Committee Composition Regarding the makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, the following options are presented for the Commission's consideration: 1.Five (5) members - consisting of one appointment for each Commissioner. 2.Seven (7) members - consisting of one appointment for each Commissioner and the Mayor, plus one at-large appointment. 3.Nine (9) members - consisting of one appointment for each Commissioner and the Mayor, plus 3 at-large appointments. 4.Any other option, as directed by the Commission. Arguably, Option 3 has greater merit than the other options as a 9-member committee would provide for a 10% statistical representation of the 90 property owners in Tuscawilla Units 12 and 12A. 10% is a common statistical sampling in these matters, aimed at providing a more statistically sound representation of the population whole. Committee Duration The Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee would be expected to meet on a monthly (or other periodic) basis for a to-be-determined duration in order to thoroughly complete its Commission-assigned duties and responsibilities. The Committee will be an ad hoc committee that will expire upon completion of its duties. FISCAL IMPACT: Consistent with other City Advisory Boards/Committees, the Tuscawilla Unit 12/12A  Wall Ad Hoc Advisory Committee members would be volunteers who would not be paid for their services. The Office of the City Clerk's tasks for the administration of this committee include  agenda preparation and meeting coordination; meeting set-up, clerking, and wrap-up; and preparation of minutes. Costs for these required Clerk tasks are expected to be approximately $360 per (estimated 2 hour) meeting. Other staff costs include City Attorney, City Manager, City Engineer, City Urban  Beautification Manager, etc. and will vary in cost based on frequency of need and use. Regular 600 PAGE 2 OF 3 - June 11, 2012 COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission: 1.Provide guidance regarding the desired makeup of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee, and 2.Approve Resolution 2012-16, inclusive of the approved committee makeup. ATTACHMENTS: 1. Resolution 2012-16 (4 pages) Regular 600 PAGE 3 OF 3 - June 11, 2012 RESOLUTION NUMBER 2012-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF THE TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE; PROVIDING A SCOPE OF DUTIES AND PROCESS TO COMPLETE SAID DUTIES; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL- INFORMED PROCESS CONSISTENT WITH THE DIRECTION OF THE CITY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , Tuscawilla Units 12/12A subdivisions were platted by the City in 1982 and 1983; and WHEREAS, after the plats for Tuscawilla Units 12/12A were recorded, a brick wall was constructed of approximately 3,000 feet in length and generally running along the subdiv southern and western boundaries, adjacent to Winter Springs Boulevard and Northern Way by the developer of Tuscawilla Units 12/12A; and WHEREAS, the City recently had a survey of the wall prepared by Southeastern Surveying and Mapping Corporation which determined that a significant portion of the wall was constructed within the Winter Springs Boulevard right-of-way; and WHEREAS, the City also recently had a structural evaluation of the entire wall completed by CPH Engineers which identified that the wall is deteriorating in certain locations due to brick expansion, corrosion, settlement, and tree roots; and WHEREAS, during the past few months, the City Commission has been gathering factual information regarding the wall and considering various options to address the deteriorating condition of the wall; and WHEREAS, the aforementioned factual information and options are set forth in the May 29, 2012 City Commission Agenda Item 600; and WHEREAS, at the May 29, 2012 City Commission special meeting, the City Commission unanimously directed staff to prepare a resolution creating an ad hoc committee comprised of Tuscawilla Unit 12/12A property owners for purposes of obtaining a recommendation to address the deteriorating condition of the wall; and WHEREAS , the City Commission desires to provide an open, objective, and deliberative process that will afford the Tuscawilla Unit 12/12A property owners and the public ample opportunity to participate in providing a recommendation to address the deteriorating condition of the wall pursuant to the terms and conditions set forth in this Resolution; and WHEREAS, the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVEDthat the City Commission of the City of Winter Springs, Florida as follows: SECTION I.Establishment Of A Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee; Meetings. (a) The City Commission hereby establishes a temporary ad hoc committee for purposes of advising the City Commission on the type of wall that the property owners of Tuscawilla Unit 12/12A desire along the outer perimeter of the Tuscawilla Units 12/12A subdivision, along Winter Springs Boulevard and Northern Way. The committee shall be called Tuscawilla Units 12/12A Wall Ad Hoc Advisory . The TWAAC shall consist of no more than _______(____) members, who shall be property owners in Tuscawilla Units 12/12A. The Mayor shall appoint ___(____) member, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint ___ ( ___) member, subject to ratification by majority vote of the City Commission. The City Commission by majority vote shall appoint ___( ___) members at-large. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the TWAAC shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the TWAAC shall serve at the pleasure of the City Commission until the work has been completed and the City Commission has accepted the TWAACTWAAC shall serve without compensation. (b) Meetings of the TWAAC shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the TWAAC shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. (c) The first order of business for the TWAAC shall be to elect a chairpersonand vice chairperson. The chairperson shall be responsible for running the meetings. In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules shall serve as guide to running the meetings of the TWAAC to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. (d) The TWAAC shall act by majority vote. However, the TWAAC may reference and explain in the final report minority opinions/positions which obtained the vote of at least three (3) members of the Committee. City of Winter Spring, Florida Resolution Number 2012-16 Page 2 of 4 SECTION II. TWAAC Responsibilities. (a) The members of TWAAC shall conduct a comprehensive review of City Commission Agenda Item 600, dated May 29, 2012, any supporting documentation thereto, to familiarize themselves with factual information compiled by the City regarding the Tuscawilla Units 12/12A wall situation. Upon conclusion of this review, the TWAAC shall determine and recommend to the City Commission the type or types of wall that will replace the aforementioned existing brick wall. (b) Upon making such determination, the TWAAC shall prepare and approve a final written report which shall identify the type of wall recommended and the reason for said recommendation. The final report shall be completed no later than ______________ unless additional time is granted by the City Commission. (c) The final report of the TWAAC shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the recommendations made by the TWAAC should be implemented, the City Commission shall direct the City Manager and City Attorney to provide additional technical advice regarding the implementation of the recommendation including, but not limited to, advice regarding the construction, financing, and location of wall. SECTION III.Other Technical Resources. (a) The City Manager, City Engineer, Urban Beautification Manager, and other members of City staff (to the extent deemed necessary by the City Manager) shall serve as technical advisers to the TWAAC, and shall assist in drafting the final report. (b) The City Clerk shall provide administrative assistance to the TWAAC and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. (c) The City Attorney shall provide legal guidance to the TWAAC to the extent any legal issues arise relevant to the limited duties assigned to the TWAAC by the City Commission. SECTION IV. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. [signature page follows] City of Winter Spring, Florida Resolution Number 2012-16 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special th Meeting duly assembled on the 11 day of June, 2012. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. __________________________________________ CHARLES LACEY, Mayor ATTEST: _______________________________________ ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ________________________________________ ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resolution Number 2012-16 Page 4 of 4 RESOLUTION NUMBER 2012-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF THE "TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE;" PROVIDING A SCOPE OF DUTIES AND PROCESS TO COMPLETE SAID DUTIES; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL- INFORMED PROCESS CONSISTENT WITH THE DIRECTION OF THE CITY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tuscawilla Units 12/12A subdivisions were platted by the City in 1982 and 1983; and WHEREAS, after the plats for Tuscawilla Units 12/12A were recorded, a brick wall was constructed of approximately 3,000 feet in length and generally running along the subdivision's southern and western boundaries, adjacent to Winter Springs Boulevard and Northern Way by the developer of Tuscawilla Units 12/12A; and WHEREAS, the City recently had a survey of the wall prepared by Southeastern Surveying and Mapping Corporation which determined that a significant portion of the wall was constructed within the Winter Springs Boulevard right-of-way; and WHEREAS, the City also recently had a structural evaluation of the entire wall completed by CPH Engineers which identified that the wall is deteriorating in certain locations due to brick expansion, corrosion, settlement, and tree roots; and WHEREAS, during the past few months, the City Commission has been gathering factual information regarding the wall and considering various options to address the deteriorating condition of the wall; and WHEREAS, the aforementioned factual information and options are set forth in the May 29, 2012 City Commission Agenda Item 600; and WHEREAS, at the May 29, 2012 City Commission special meeting, the City Commission unanimously directed staff to prepare a resolution creating an ad hoc committee comprised of Tuscawilla Unit 12/12A property owners for purposes of obtaining a recommendation to address the deteriorating condition of the wall; and WHEREAS, the City Commission desires to provide an open, objective, and deliberative process that will afford the Tuscawilla Unit 12/12A property owners and the public ample opportunity to participate in providing a recommendation to address the deteriorating condition of the wall pursuant to the terms and conditions set forth in this Resolution; and WHEREAS,the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION I. Establishment Of A Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee; Meetings. (a) The City Commission hereby establishes a temporary ad hoc committee for purposes of advising the City Commission on the type of wall that the property owners of Tuscawilla Unit 12/12A desire along the outer perimeter of the Tuscawilla Units 12/12A subdivision, along Winter Springs Boulevard and Northern Way. The committee shall be called the "Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee." ("TWAAC"). The TWAAC shall consist of no more than seven (7) members, who shall be property owners in Tuscawilla Units 12/12A. The Mayor shall appoint one (1) member, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint one (1) member, subject to ratification by majority vote of the City Commission. The City Commission by majority vote shall appoint one (1) member at-large. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the TWAAC shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the TWAAC shall serve at the pleasure of the City Commission until the TWAAC's work has been completed and the City Commission has accepted the TWAAC's final report. Each member of the TWAAC shall serve without compensation. (b) Meetings of the TWAAC shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the TWAAC shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. (c) The first order of business for the TWAAC shall be to elect a chairperson and vice chairperson. The chairperson shall be responsible for running the meetings. In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules shall serve as guide to running the meetings of the TWAAC to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. (d) The TWAAC shall act by majority vote. However, the TWAAC may reference and explain in the final report minority opinions/positions which obtained the vote of at least three (3) members of the Committee. Ci■ ofGt-into rSri ing..Florida Resolution Number 2012-16 Page 2 of 4 SECTION II. TWAAC Responsibilities. (a) The members of TWAAC shall conduct a comprehensive review of City Commission Agenda Item 600, dated May 29, 2012, any supporting documentation thereto, to familiarize themselves with factual information compiled by the City regarding the Tuscawilla Units 12/12A wall situation. Upon conclusion of this review, the TWAAC shall determine and recommend to the City Commission the type or types of wall that will replace the aforementioned existing brick wall. (b) Upon making such determination, the TWAAC shall prepare and approve a final written report which shall identify the type of wall recommended and the reason for said recommendation. The final report shall be completed no later than November 12, 2012 unless additional time is granted by the City Commission. (c) The final report of the TWAAC shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the recommendations made by the TWAAC should be implemented, the City Commission shall direct the City Manager and City Attorney to provide additional technical advice regarding the implementation of the recommendation including, but not limited to, advice regarding the construction, financing, and location of wall. SECTION III. Other Technical Resources. (a) The City Manager, City Engineer, Urban Beautification Manager, and other members of City staff (to the extent deemed necessary by the City Manager) shall serve as technical advisers to the TWAAC, and shall assist in drafting the final report. (b) The City Clerk shall provide administrative assistance to the TWAAC and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. (c) The City Attorney shall provide legal guidance to the TWAAC to the extent any legal issues arise relevant to the limited duties assigned to the TWAAC by the City Commission. SECTION IV. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. [signature page follows] (i!y of Winter Spring,Florida Resolution Number 2012-16 Page 3ot4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special Meeting duly assembled on the 11th day of June, 2012. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. i/�" CH 171- -I.A'."- .;47'1-. "1""7"-- - ATTES • r ANDRE VT07.' ' 0-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs,Florida only: il/Nilikt„,_e___ ANTHONY A. GARGAIiiSE, City Attorney City of Winter Spring.Florida Resolution Number 2012-16 Page 4 of 4