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CCMtg08-30-04SMMinL,ONGWOOD CITY WMMISS[ON Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida SPECIAL MEETING MINUTES AUGUST 30, 2004 '7:00 P. M. Present: Mayor B. G. "Botch" BUatly Deputy Mayor Urian U. Sackett Commissioner Dnn Anderson ('ommissimrer Mike Holt Richanl 5. Taylor, .Ir.. City Attorvey John J. Drago, City Administrator Sarah M. Mijares. City Clerk Pa[ Miller, Direcror of Community Services Tom Smith, Division Mnnager o[Streets/Fleet Tom Jackson, Chief o! Police Carol Rogers, Dire r of Fin vial Servires Richard Kornblvh~Divisiov MYanager of Utilities Absent Commissioner Jahn C. Mah~got (F,xeusetl) 1. CALLTO ORDER. Mayor6undy rolled the meeting to order at'/'.OSpm 2. PUBLIC NEARING. A. Fines ce Divi ~ of the Pivancial Scrvlces Depart ends [he Clty Commission rend by title only, hold a poblicnhearivg, and adopt Resohdian No. 04-1103, which confrms fl wflstewfl[er tit far [he 3004 Wnstewflter Assessment Area, estnblishes the roll find provitlea for the collection o[ the assessment on theeproper[y fix bills. Mr. Taylor announced having proof of publication for this and xII public hearings listeA on [he agenda. Fie [hen read Resolution NO. 04-1103 by title only. Mayor Dundy opened the public hearing. No one spoke in favor or in apposition to the resolution. Commissioner Hol[moved to clone the public hearing. Seconded by Deputy Mayor Sackett and tamed by a unanimous voice vote with Commiasionm Maingot absent CC 0&3004/I9I Deputy Mayor Sackett moved to adopt Resolution 04-1 I OI, which unfrms the wastewater assessment for the 2004 Wastewater Assessment Area; establishes the assessment roll and provides for [he wllec[ion of(hat assessment on the property tax bill. Seconded by Commissioner Anderson and cartied by a unanimous roll call vote with Commissioner Maingot absent. D. Finance Division of the Financial Service Department recommends [he City Commission read by title only, hold n public hearing, antl adopt Rnolntion No.04-1104, whieh confirms a Paving as for the 2004 Magnolie/Seminol¢/ Palmetto/Jnsup Avenue Rontlent Paving Assn nt Are stablishes the a enY roll antl provides for the collect on o[ the aseeasment on the property tax bills. Mr. Taybr read Resolution No. 04-1104 by title only. Mayor Bundy opened the public hearing. No one spoke in favor to the rnolution. The following spoke in opposition to the resolution: Dorienne Murrell, 596 East Magnolia Avenue, inquired what ifthe homeoumer was incapacitated and/or a single parent; was there some other avenue for that individual. Mr. Drogo advised the Commission could delete the assessment, but they would be required to establish the grounds that would not be seeing precedence. Ms Murtell asked if(he assessmem was for three sides ofthe progeny. Mc Drago advised the assessment was ovly for the Dontage. Mayor Bundy explained [his type of assessment would smy with the progeny if sold. He discussed the possibility ofa shoe [amt leniency, but advised there would not be a deletion ofthe assessment. Commissioner Holt moved to close the public hearing Seconded by Depmy Mayor Sackett and carried by a unanimous voice vote with Commissioner Maingot absent. Deputy Mayor Sackett moved to adopt Rnolmion 00.1104, which confirms a paving assessment for Magnolia/SeminulGPalmeno/ ]essup Avenue Roed Paving Assessment Area; esablishes the roll end provides for the wllec n of(he a o the proPOrtY tax bills Seconded by Comm ar Anderson[ and cartied by a ammous roll call vote with Commissmner Maingot absent. n CC OB-30.04/192 C. Finance Division of ibe FivavMal Services Depar ant recommends the City Commission rmtl by title only, hold a public hearing, and adopt Resolution No. 04-1105, which confirms a Neighborhood Improvement assessment [or [he 2004 Darrington Neighborhood Improvemwtt Assessment Area, eawhlisbes the assessment roll and proviUes for the collection of the assessment on the property tax bills. Mr_ Taylor reed Resolution No. 04~1I05 by title only- Mayor Bundy opened the public hearing. No one spoke in Powr to the resulutton. The Ebllowivg spoke in apposition to the resolution. Sbwry McCracken, 1642 Grange Circle, said she has been e resident since 1982 and knew the history regarding this property. She said from 1984 to I99I, the property outside the brick wall was ronad as ao easement by the city and for Seminole County and was maintained by the homeowners of then nShes stud this subsequently disbanded in Novembeet199I_ She advised iv speaking with someove today, she learned that $3110 per year would be budgeted towards lightivg $1200 per year would be budgeted for mowing. $I, l00 per year budgeted for irzigatioq $3,000 per year budgeted Eor plentx anU $1,000 per year set aside in a reserve T nd forwall repair, as well as $$fi0 per year budgeted ward administration fees. She said the amount for mowing was very unable, but quenioned SI.000 per year reserve fund Por the.vall and who would assume the responsibility. She indicated $l 000 was a lot of ovoy for plavtz She expressed conoern regardin6 the curretn plants being pois s. She s ated these plan v the a where children sit for the suchool bus[Shedeclared everyon who Jeri es from this benefit should pay the same amount- She asked why only three subdivisions were being assessed. Stewart Pe ersoq I'/01 (irenge Circlq. said he has lived there since 1995. He said [hen ce he received said theyw nsidering the creation ofa ce fund. He asked ifthis was something already put in place evd t ke efk t immediately, or did they have ins tight to eppeaL He avowed this was city property so why should they have to pay for the m Hesated hew noppos and stated he didn' mind taking caeof ce property he owns' He said they have only been provided with a letter sting an assessment was Going to be made; if nut paid, they had the right to plat s Tien on their property. He said this was no[ fair and it was not right. e Cindv Fuloher, I']g I Grange Circle- said this propetty did not belong m Bartington su why should they have to pay. CC OB-30-04/193 with A,~n~, 1695 Grange Circle, said she moved there in 198fi and had original copy of the covenant from the builder. She said it was never made mention [hat, as an owner within the subdivision; they would have to maintain any ofthe common areas. She stated the homeowners received a letter from the builder approximately two years later stating he was going to stop maintaining the property. She stazed 8130 was a reasonable ce fee, but she did not oum the property. She said the homeowners had formed an association; but during a court hearing, they found that the signatures applied to an amended covenant were not legal. She s atad, es salt, the a n that was active then became defunct. She described how a group of homeowners maintained the propeny for a period ofyurs and found [he city owned the property. She declared, this property was not originally within [he oity limits, but they were later vexed, which helped the tax base. She said their property should not be esed to maintain airy propeny. She described the lighting that was originally a[ the entrence and said the city removed part ofthis lighting. She said it was the city's responebility to maintain this area She said if it fined properly the tez base would be reduced- She said thie was a two erdged sword. Ann Marie Hiavoh4 1684 Grange Llrole said she w o the ar and did not have the knowledge her neighbors do, but sheswas here for the son. She said they should not have to pay for something they do Dot own She said nothing hoe been done since she has liv d there Dwiel t Dav'd leffr'es, 1684 Grange Circle, said he had the same sentimenis_'Che city should take care ofthe propeny they own, as the residents should take care oftheir propeny. Ms McCracken said one ofher elderly neighbor omplained about the Gepa Mynlas not being at She said it took approximately six (b) phone reps before getting someone to come and trim them. Commissioner Holt moved to close the public hearing. Seconded by Deputy Mayor Sackett and carried by a unanimous voice vote with Commissioner Maingot ebsevt- Commissioner Anderson moved to adopt Resolution 04-1105. Seconded by Commissioner HoI[. Mayor Handy advised this as done due nether subdivi ming Ibrward. lie said there wereotXer subdivie ens which the aty was holding disc regarding neighborhood improv s. He advised the city has erall liability in ce that rovers cety ~Omed property. He said Ms subdivision wouldrderive a specifc beveft from improvements to an entrance that other residents do not beneft. He said Bartington was an area the city has been maintaining. He agreed he would also like to see the homeowner s vote on the assessment CC O%-30 04/194 Deputy Mayor Sackett said this never went to the homeowners re4viring the silty (60) percent approval hie further stated Lake Emma Road would be ohevging soot He said hawse not in Ibvor oPthis until more people indicate they want [Iris He indicated [hey may be moving forward with this too soon since they do no[ know the outwme of Lake Emma Road. Mr. Drago advised the county has not reriuested any right-of--way from the city on the Barzingmn side. He said the wunty does have athirty-four (34) foot right-of--way on the Barrington side. Commissioner Anderson Hated he had a problem with the way this was ving forward. He said there was a complete lack of communication. He said they needed to kno why owned thew on property si w [here t a homeowners association. He reviewed the history of this property. He said the standard of care for the property was an issue. He said o0 of good. Ho said the goal w s not to force someth ng on the ownersnbut [o give Them a choice. s Discussion ensued. Commissioner Anderson said this was not the only subdivision where the ci~y might own the enhance way, bnt [hie servme has not been provided to others. Mayor Bundy declared they perhaps need [o step beck and examine this Isaac. He stated the tiry needs to allow the homeowvera to have a say. Commissioner Anderson withdrew his motion. Chris Traber Nabors, Giblin & Nickerson, P.A.. offered another option the airy mould consider- He advised the city could seed a special bill. and then rol I the assessment on the taxes n xt yea No anion was taken at Ihis time D. Pica ceDlvis not the PllmaeiBl Services Depar ant re<nmmends the City Commission read by title only, hold a public hearing, and adopt Resolptimi Nn. 04-1106, whicM1 confirms a Neighborhood Improvement assessment for the 2004 Golden Grove Neighborhood Improvement Assessmehtt Area, establishes the assessn~en[ roll and provides for the collection of the assessment on the property tax bills. Mr. Taylor read Resolution No. 04-I lob by title only. Mayor Randy opened the public hearing. No one spoke in favor or in opposition to thn resolution- CC, 08-30-04/19.1 Deputy Mayor Sackers moved to close the public hearing. Seconded by Commissioner Holt and tamed by a unanimous voice vote with Commissioner Maingot absent. Mayor Bondy stated this was [he same situation as Baningmr~ Discussion was held. No anon was taken at this rime. E. Finance Division of the Fioaneial5erviees Departmurt recommentls the City Commission reed by title only, hold a pnblic hearing, and adopt Resolution No. 04-1IO], which confirms a Neigbborbootl Improvement assessment Cor the 2004 Ttberon Cove Neigbborbootl improvement Assessment Area, establishes tM1e assessment roll and provides for the vllectian of the assessment an the property wx bills. Mr-Taylor read Resolution Na_ 04-110] by title only- Mayor Bundy opened the public hearing. No one spoke in favor to the resolution. The following spoke in opposmon m the resolution: Paul and Al'ce Munsch 502 Tiberon Cove Roed, spoke in opposition to the resolution. Mr. Munsch read a letter they revived dated July 28, 2004, fiom the City of Longwoo4 notifying them ofihe assessment. He said they paid $50 this yea otheir hum oral, with the $]h assessment they would be pay rig $1509He said they also received a letter dated August ], 2004 stating [his hazl already been approved. Mayor Bundy advised the resolution was approved at frst reading to bring it forward for public hearing. Mr. Munsch said there nonfliot of data etheyw eadvised to vote on the 13°i of Aug et and required a sixtya(60) peroe t approval rate. Mayor Bundy explained the sixty (60) potent approval rate was an aDProval rate by the residents. He funher explained this meeting was for the public hearing. Mr. Drago stated this a ant was discussed with the President ofihe homeowner's Association sm Marla M Ziada[. 533 2ibaron Cova, said when she revived the luxet there and no inform whar the city was going to do F r themo She asked what guars a they had, after plying the $']5 there would not be a raise in the f .She said the land behind her house was CC OS-30-04!196 caned by tho city and nothing is don e tnat land. She said fw es fel I and broke hu fence during the hurt eShe said she was conrtantly cleaning thie area Sheinquired whit would be provided under tnis assessment, w mkecareofihe entranw and nothing else Commissioner Holt moved to close the public hearing. Seconded by Ueputy Mayor Sackett and carried by a unanimous voice vote with Commissioner Maingot absent. Commissioner Anderson moved to adopt Resolution 00.110]. Seconded by Mayor Bundy. Coma er Andera said there needed to be hint He acknowledged thiso ated by the hom orl He advised therewast a meens~f r aceounmbility inmhiss process IHe alleged the city was committed to the progam. Mr. Dingo advised the properly behind Mr>•_ Ziadet's house was not owned by the city. Discussion was Held. Motion cartied by a unanimous roll call vote with Commissionu Maingot absent. 3. EYIERGF,NCV ORDINANCE. A. City Atlministrnmr recommends the City Commission read by title only and fldapt Emergency Ordinance number 04-t]08 declaring an mergeney and adopting emergency regulntions addressing the aftermnth of Hurricane Charley. Mr. Taylor read Ordinance No. 04-1 ]OB by title only. Commissioner Andersrro moved w adopt Emergency Ordinance 04-I ]08-Seconded by Deputy Mayor Sackett- Deputy Mayor Sackmt declared the city responded in the right ways to Hurricane Charley and the residents are plwsed with the general efforts- Mr- Drago s[atad FEMA was very particular regarding reimburxemema rma ommanne proviaea mm witn me autnedry renabea in Diner to r«eive public assistance. Motion rsrried by n unanimous roll call vote with Commissioner Maingot absmit. cc oa3ao4np] 4, aUJOUAN. Mayor Randy edjaumed the meeting at844 p.m. Na ood G. Randy, Jr.,M ATTEST: ~ -. Sarah M. Mijares, Cily Cle c CC 0&90-04/198