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CCMtg11-06-06WSMin-, LONGWOOI) CITY COMMISSION ~~ Longwood City Commission Chambers 175 West Warren Avenue Longwood, ]Florida WORK SES~SIOrT MINUTES VVITF[ BARRINGTON RESIDENTS NOVEMBER: 6, 2006 6:00 P.l'VI. Present: Mayor John C. Maingot Deputy Mayor Dan Andes°son Commissioner Mike Holt Commissioner H.G. "Butt>h" Bundy, Jr. Commissioner Brian D. S:~ckett Teresa S. Roper, Acting City Attorney John J. Drago, City Administrator Sarah M. Mirus, City Clerk Carol Rogers, Director of Financial Services Ryan Spinella, Executive Assistant Tom Smith, Division Manager of Streets/Fleets Absent: Richard S. Taylor, Jr., Ci1.y Attorney (Excused) 1. CALL TO ORDER. Mayor Maingot called the meeting to order at 6:04 p.m. 2. BUSINESS. A. Discuss subdivision design plan, with Barrington residents. Mayor Maingot said his letter was copied: to all of the residents so everyone was informed. He stated he read their manuscript and timeline. He said they were concerned with moving forward with this project this evening and look at what the residents have to present. Judi Coact, 1695 Grange Circle, said it was her understanding this meeting was to go over a list of questions that were presented to Commissioner Bundy at a meeting by a group that has been working to move the front entrance forward. She .inquired if the list was passed along to the Commissioners. Mayor Maingot said they would address those questions after presentation of their beautification program. Ms. Coact said they did not request 1;his meeting to bruig in and present plans they have received. She stated they have received more than one plan, but-they would CC 11-06-06/347 like to straighten out the: issues to move this project forward before they approve __ having this done. She advised these were the questions presented to '; Commissioner Bundy and the reason they requested to hold this meeting. ~ Commissioner Sackett said it was his understanding there would be questions, but he also thought they would see projects: He stated it was his understanding there was a strong desire to move this forward. Deputy Mayor Anderson. said he would be happy to go through the questions then discuss where they go from there. Ms. Coad said Allen Weber would be discussing question two on the list. Mayor Maingot reviewed question two; Written agreement of property that Barrington residents are responsible for and that City is responsible for upon finalization of agreement. He said the .answer was The City does not enter into written agreements. . Allen Weber, 1786 Grange Circle, said it was agreed upon on June 22, 2005 with Commissioner Bundy, Mr. Drago, Carol Rogers, himself, and Judi Coad that the owners of Barrington would take over maintenance of the signature area, the island and the residents' side of the wall. He said they also needed an agreement that the. City of Longwood would maintain their property in the same manner the residents will be maintaining their area and the wall. He stated they wanted everything to be the .same. Mayor Maingot said the City would continue to maintain the. retention areas with or without an agreement. He stated the front entrance and the mowing in the front has been done by the City for the benefit of the homeowners. He affirmed in other instances the homeowners pay for this as part of the maintenance project. Ms. Coad reiterated this Commission had said if they chose not to go forward with enhancing the front entrance, the City would continue to mow and irrigate, and as it deteriorated they would just start to plant grass. She said what they are asking was ,regarding part of the block wall. on City property to the retention pond. She stated they were just asking if they spend the money to maintain the residents' side of the wall that the City would continue to do so with the wall on the City's side. She declared they had been threatened by the City to tear it down. She said the. second point at the same meeting: of June 22na it was. discussed that there would be an engineer reviewing the wall. to see where the weaknesses were and repaired. She inquired if this was done and. said they would like something in writing from the City. She stated they wanted this to go forward and be a nice entrance to their homes. Deputy Mayor Anderson said hearing the answer that the City does not enter into agreements was not helpful and they needed more context. He stated the City does enter into all kinds of agreements, but. perhaps it is the kind of agreement they were being asked to enter into. He raised questions regarding the retention pond to CC 1.1-06-06/348 the back of the subdivision whether it was owned by the City and who was maintaining it. He inquired if there 'was ciizal ownership of the entrance to the ~' subdivision. Commissioner Bundy said there was also a. City owned retention pond at the front of the subdivision. Mr. Drago advised that this retention pond goes to Danbury Mills.. Deputy Mayor Anderson said he would like to establish what the parcels of property are and what they were talking about. when moving forward. Mr. Drago advised the wall. and the front retention pond belong to the City. He said he was hearing that if the retention pond backs up to the wall, the residents want assurance from the City regarding the maintenance of that area. Mayor Maingot inquired if the City followed through with the agreement following their meeting. Mr. Drago said the wall was looked at and. the City grouted all the grout areas on the road side. He said, given its current condition, it was as good as it was going to be short of tearing it down and starting, over. Deputy Mayor Anderson said he just heard the City owns the wall, so there was no share. The City took responsibility of the wall when accepting ownership. He stated this being the case, the City c<~uld choose to maintain the wall or elect to remove the wall. He said he understands the residents would like the wall. to remain there in the future plans. Mr. Weber advised this started by the resi<ients receiving notice a. couple of years ago that the wall was not up to Code and the City was going to tear it down. He said he made contact with County engineers and showed them the letter. They told him the City could not tear down the wall because it does not pass Code, it. would have to be deemed unsafe. He stated that was why they had the meeting with Commissioner Bundy and Mr. Drago. He said that was where the engineering study came in. Ms. Roper said she did not understand the County's reasoning without talking to them. Deputy Mayor Anderson said they needed to focus on the end picture of where they wanted to arrive and whether there was a path acceptable to the City and the homeowners to get to this end result. Commissioner Bundy said the key was on 'the ownership and the residents would be taking ownership through the assessment program. He stated the ownership ~ they were talking about was whether the City would take ownership of the wall CC 11-06-06/:349 next to the retention area. He said there was a consensus reached at the meeting, _ but there was no written formalized agreement. Commissioner Holt said they were simply requesting this information be placed in writing. Deputy Mayor Anderson said in the absence of any agreement, the City maintains a contract with a mowing company to mow the City right-of--ways 46 times a year. He stated they should demand this property be treated the same as any other property in the City. They are asking for an agreement for something different and better than what the City was currently doing. He said they needed to determine which portions to upgrade. Ms. Coad said their biggest concern was that the City takes on maintaining the wall and mowing the grass. Commissioner Holt suggested the City come into an agreement with the scope of work they will do with the homeowners and place this in writing by the beautification agreement. Mayor Maingot said what occurred in the past does not predicate what will occur in the future. He stated they needed to move forward and did not see a problem with documenting the wall will be maintained properly. Deputy Mayor Anderson said they could place the scope of the work in detail in the agreement. `J Mr. Drago inquired if the intent was for the residents to maintain the entranceways. . Ms. Coad responded in the affirmative. Mr. Drago said if the residents were going. to maintain the entranceways they did not need the City assessment mechanism to do this. Deputy Mayor Anderson said they were going to pay for the maintenance through the assessment program. Mr. Drago said they would need to see the design plan. Commissioner Sackett inquired if the August 2005 over 60% vote was now nonbinding. Ms. Coad said the Barrington owners were requesting that there be no re-vote on passing the beautification program based on more than 60%. She said 43 owners out of 56, which is a 77% total of the owners, passed that proposal in August 2005. She said the owners in Barrington accepted the program and the City Commission needed to pass the tabled petition to move this project forward. She ~ said the proposal was to bill in the rears as the project was completed. CC 11-06-06/350 Deputy Mayor Anderson said he would not have a, comfort factor moving forward until they know what is being agreed to. He stated he would like to have a re-vote. Mayor Maingot said they would want to make sure the residents were on board with the costs. Ms. Coact said the rules seem to change every year for them. Deputy Mayor Anderson said then they get the plan and the neighUorhood is happy with the plan and the costs involve~3, then they: should move,forward. ~~, Commissioner Sackett said things were tabled procedurally and he inquired if the vote would still stand. Ms. Roper said if everything was done correctly the vote would stand. She said they were saying to define the program. anal they would still need to vote on what that program would be. Mr. Drago said at the .last workshop with JBarrington, the assessment attorney was asked if they could accept the 60% vote treat went prior to this new plan. The attorney's recommendation at that time w~~s no. He said Barrington was going to come up with their plan and the costs. Deputy Mayor Anderson reviewed the procedure of the plan being presented and ~- then the official letters will go out. to the residents. The official process would start at that time. Mr. Drago affirmed the residents weal be required to vote again. He said the letter does state the dollar amount. Commissioner Bundy said the letter that uieluded the dollar amount was not the vote letter. He declared the letter sent out for them to vote to enter the program had no dollar amount listed. He said otcr ordinance states if they get 60% approval rate then we will set up the program. He stated they tabled sending it forward to the Tax Collector to be collected. He; said :he would like clarification from the assessment attorney that he is comfortable with this. He affirmed there were two letters being discussed. Commissioner Holt left the meeting at 7:0.4 p,m. Mr. Drago said the preference would'. be to see. the final plan with cost. He stated the contract could then be more defitutive. Commissioner Bundy said the City Attorney needed to look into the legality of matters.. He stated they should provide the Barrington homeowners with a copy of the agenda packet so they will have most of their questions answered. He pointed ~, out they changed. the answer to question number two. CC 11-C16-06/.351 3. ADJOURN. Mayor Maingot adjourned the meeting at 7:0'8 p.m. AI /~ O ATTEST,: ti Rio Sarah M. Miri~~j; CMC City Clerk .. CC 11-06-06/352