Monday, June 13, 2005

 

Commissioners fenced in only when city manager is present

The Winter Springs City Commission tonight will deal with one of those issues that show why you must always keep on eye on what your government is doing, regardless of how trivial the subject may be.

The commission will hear the first reading of a proposed change to the city code, so as to allow property owners, by mutual written consent, to connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences or walls.

In other words, it will allow neighbors to join their fences at the property line, rather than leaving a six-inch gap as is now mandated by law. Current code requires that all fences, walls, and hedges must be at least three inches from property lines.

Rather than connect the two portions of fence or wall to eliminate gaps along a common property line, the owners must currently construct separate and distinct fences or walls adhering to the 3” setback requirement.

Construction of two separate and distinct fences or walls, both adhering to the 3” setback, creates an area between the two structures that is difficult to maintain.

The issue was first brought to the commission's attention on April 11, when resident Jeanne Walker expressed frustration with the current code and its preventing her from joining her fence to a neighbor's. She also complained of receiving conflicting and inconsistent information from city workers regarding the code.

At that meeting, City Manager Ron McLemore said the code's intent was to prevent fights between neighbors over who owned fences that were jointly attached, basically telling Ms. Walker that the code would stand as is. McLemore also said city employees would be better trained to be more well-versed in explaining the code to residents.

The issue was brought to the commission's attention at their May 23 commission meeting, by city resident Wendy Shiner. Commissioner Michael Blake's suggestion that the city revise the ordinance was supported by the other commissioners.

The result was a directive from the commissioners that the city attorney write a revision to the ordinance that allows property owners to connect their fences if they choose to do so. That revision is the subject of tonight's first reading and public hearing.

Incidentally, City Manager McLemore, who was so adamant in the past that the code remain as is, was not present at the May 23 meeting, at which commissioners took action to reverse his desire.

The Winter Springs City Commission is known for its reluctance to ever cross their city manager and not comply with his wishes, so it will be interesting to see how McLemore responds to having been reversed by the commission's going behind his back during his absence from their last meeting.



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