09-24-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCILMEETING Monday, September 10, 2018 7:00 o'clock p.m. 11. ORONO OAKS PRIVATE ROAD MAINTENANCE — Continued Walsh commented he appreciates the homeowners' association addressing the issues. Walsh asked whether they need board approval for the assessment in November or whether they need everyone's approval. Esau stated currently there are two board members and the process will be to hold an election in November to elect a third board member. The HOA board alone can make the assessment in November for the year and that they are contemplating creating a contingency fund to address emergencies. Esau noted this year the water level was high in the area that the culvert serves and action had to be taken to relieve the amount of water being held by the broken down culvert. Esau stated they did not have the funding in place and had to get the funding mechanism in place before the work could be completed. Walsh asked how the homeowners' association would go about collecting the assessment if half of the residents do not pay it since they are not an assessing agency. Esau stated from what he understands, the bylaws and declarations say if the person assessed does not pay, they will no longer have a vote on any issues. In addition, the homeowners' association can, in fact, put a lien on the property. Esau stated he was completely unaware that there was any association when he took title to his property 12 years ago, and that it has been a cause of concern to some of the other residents because they were also unaware that the homeowners association exists. Walsh stated part of the hearing is to come to a resolution to the problem and that it sounds like the City does not have to take any action at this time with the expectation that the work will be completed in the next 30 to 45 days. Esau noted the commitment he has from the contractor is October 15 and that eight of the nine residents have voluntarily given funds to be used towards the project. Seals stated if the City intervenes, the City can ensure that every resident pays the same amount. Esau stated he is confident the number that will be included in the budget in November will be equal to the bill for the culvert project and it will be assessed to everyone. Esau stated what they have done is given everybody a credit against future assessments for the amount they voluntarily contributed. Rief requested the City Council provide a deadline for when the work should be completed by. Crosby suggested the City follow up on November 1 to see where they are at. Rief asked if an inspection is required by the City. Edwards stated the City does not need to inspect it but that the Watershed District may need to be involved. Walsh requested an update be given to the Council by the Public Works Department on October 8' Walsh closed the public hearing at 7:23 p.m. The City Council took no formal action on this item. Page 4 of 9