Agenda 7:00 Greetings Order of meeting 7:10 Grounds 7:20 Floor related to Grounds 7:25 Lake and Dam...

Agenda• 7:00

GreetingsOrder of meeting

• 7:10Grounds7:20 Floor related to Grounds

• 7:25Lake and Dam7:35 Floor related to Lake and Dam

• 7:40Treasurer 7:50 Floor related to Budget

• 7:55 Chair- general business

• 8:00Chair- south trail presentation8:20Floor- south trail concerns8:30Floor- south trail support

• 8:40Nominations and Commission vote

• 8:55 Conclusion

LVP SOUTH TRAIL REVIEW

2014

Project Overview

•LVP residents own a strip of land from old swimming hole to Edgewater Lane- no one disputes this point

•LVPC wants to improve the land between the two points to make a walking trail- similar to the existing LVP pathways

•LVPC has had overwhelming support to move forward complicated by concerns from 3 adjacent property owners

PROPERTY OVERVIEW

1938 Plat

Improvement Areas

West Side of Trail

East Side of Trail

East Side of Trail

IMPROVEMENT

2014 Actions New Survey- Confirmation of stakes/New Stakes- E copy of survey

Exploring Design Options/ Cost- engaging contractors/ designers (one is South

Core Environmental worked on Bird Sanctuary development and huge mud slide)

Exploring Permitting/Cost- relationship with Army Corps of Engineers

MSD- discussed project and concept approved by MSD’s Private Development

Project Coordinator

Insurance Agent- If applicable negligible increase per Insurance Vendor

Formal letter to 4 residents revoking 1995 privilege to (#42) extend their fence to

water- 1995 letter clearly did not relinquish ownership of property

East Side of TrailRock Toe and Soil Lift or Boardwalk

West Side of Trail

Approach 1- Rock Toe and Soil Lift Approach 2- Boardwalk

Design OptionRock Toe and Soil Lift

Design Option Boardwalk

http://www.broward.org/parks/secretwoodsnaturecenter/pages/default.aspx

Lake Lure

COMMUNITY SUPPORT AND

CONCERNS

Why pursue this project?Tremendous LVP resident interest to a complete loop around the lake

• 2010 Community Survey results- Most Popular improvement idea

•Majority support at community wide Yearly Meetings

•Pressure from large number of residents wanting to walk around the lake- 92% of residents noted an interest in walking around the lake

LVPC believes LVP residents have a LEGAL RIGHT to access and use this property

LVPC believes the loop will ENRICH our community

2010 Community Survey Improvement Ideas

Community Meetings

•2011- Majority in favor, 2 residents brought up concerns

•2012- No opposition expressed•2013- No opposition expressed and straw poll resulted in >2/3 attendees in favor of project

Resident Interest

•Many e-mails and phone calls to multiple Commissioners over many years in support of the project

•Concern from LVP residents saying the project is not moving fast enough. Hurry UP!

•Offers to voluntarily contribute additional funds specifically to this project

Resident Concerns3 lot owners, Oliver/Wright, Mascari, Pinholster, have retained Grant Osborne of Ward Smith law firm as their attorney to oppose the project.

Bob Deutsch, an attorney and lot owner, has donated his time to meet with Mr. Osborne and to respond to a list of concerns raised by these lot owners.

Many of the concerns raised pertained to the mechanics of the project: Budget

Engineering

Would it be professionally designed and implemented

The Commissioners understand that this project must be professionally designed and implemented according to a plan and budget approved by the members.

Resident Concerns Continued

Mr. Osborne also raised a number of legal issues.

He challenged our right to do the project at all, he was NOT convinced that we own the lake and riparian property shown on the survey.

We provided documentation including the survey and deeds showing that LVP residents own the lake and adjacent property.

Resident Concerns ContinuedThe current legal issue raised relates to a document recorded in 1972 which says that the lake and surrounding lands shall be used “exclusively for park purposes for the benefit of the owners of lots in the Lakeview Park Subdivision.”

In regard to the 1972 Restrictive Agreement Mr. Deutsch has advised us that it is probably not legally effective since it was not signed by lot owners, only four commissioners.

He has also advised that if this document is deemed legally effective and interpreted literally, the use of the trails and lake would have to be limited only to those people who reside in Lakeview Park. The commission believes that this is not what the residents want.

Resident Concerns ContinuedLVPC believes that extending the walking trails around the lake would clearly be a “park” use and would clearly “benefit residents of LVP”. It is only speculation that it might benefit non-residents. This decision is clearly within the legal authority of LVPC.

The lot owners are concerned that people who are not residents of Lakeview Park would walk on the trail and disturb them.

The commission believes that proper behavior can be enforced by the lake warden as it presently is. If there is a problem after the project is constructed, we will deal with it as necessary.

Resident Concerns

Fence removals (2014 Actions slide):

In May 1995, #42 was given written permission to install a fence from the end of their lot to the edge of the lake. It was very clearly stated that the fences did not relinquish our title.

The LVPC formally requested removal of the fences but some owners have refused to remove their fences.

NEXT STEPS

Design and Moving ForwardReview Design Ideas and Cost

Install a simple fence or plants to distinguish LVP property from private property

Install signs prohibiting loitering on the south trail

Per the communication from Mr. Osborne LVPC is not permitted to be on 3 residents’ property during construction. Consider this in the design/ construction method.

Consider short and long term maintenance, access, safety

When we move forward the 3 residents will likely file a law suit

The community would incur legal fees as a result

Vote

LVPC believes the community overwhelmingly supports this project and it is our responsibility to organize this project, approve designs, approve costs associated with the project and responsibly balance costs against other property priorities (dredging/ maintenance initiatives) while considering neighbor concerns.

Due to the contentious nature of this project we will present this project for formal approval through a written ballot per Article VI Section 5 of the LVP By-Laws* when the optimal design and contractor is selected.

*you can visit http://www.thelakeviewpark.org/index.html to see LVP By-Laws

THANK YOU!2014 LVPC

2014 Commission THANK YOU!!!!!!!!!Thank You to Outgoing Treasurer and Secretary

Alistair Hoehne came on board April 2013, taking over Lake and Dam duties from Lesley Sweeney. Served as Treasured in 2014 and found thousands of dollars in savings for our community in 2014.

Debbie Cooper came on board Jan 2006 and gave LVP 9 years of service!!! She graciously hosted meetings in her home regularly and spearheaded (with Jocelyn-former treasurer) our new and improved website.

2015 Nominations and Commission VoteTreasurer- nomination Barbara Heart

Secretary- nomination for Keith Pandres

Lake and Dam- Gary Ross

Grounds- Amanda Bissett

Chair- Mike Neary

Questions Comments After The Meeting?

Go to thelakeviewpark.org