HomeMy WebLinkAbout1996 07 08 Regular Item B
COMMISSION AGENDA
ITEM B
REGULAR X
CONSENT
INFORMATIONAL
July 08. 1996
Meeting
MGR. ~ (/ A /DEPT
Authorization
REQUES'E City Manager requesting the City Commission to consider the merits of adopting
an interlocal agreement with the City of Casselberry to jointly pursue denial of a
St. John's Water Management District permit approving the City of Altamonte
Springs to use Gee Creek for flood and drainage control.
PURPOSE: The purpose of this Commission Item is for the City Commission to consider
adoption of the attached interlocal agreement with the City of Casselberry to
jointly pursue and finance legal action to prevent the St. John's Water
Management District from approving a Flood and Drainage Control Permit that
would allow the City of Altamonte Springs to utilize Gee Creek to provide
drainage and flood protection for persons and property located in Altamonte
Springs.
CONSIDERA TIONS:
The City of Altamonte Springs has an application for a permit before the
St. John's Water Management District to transfer storm water from the
land locked Lake Orienta Drainage Basin to the Gee Creek Basin. This
would result in an estimated 2 million gallons of excess storm and ground
water being directed to Lake Jesup through Casselberry and Winter
Springs via Gee Creek.
Water Management District rules provide that such an action shall have "no"
impact on persons or property down stream.
Engineering Reports prepared by the Altamonte Spring's Consultants conclude
that the impact on Winter Springs would be "minimal". The conclusions in the
Engineer's Report appear to be understated when compared with the data in the
Page 1
FUNDING:
report. Additionally, the Engineering Report was not sufficient to describe in
detail the impacts on Casselberry and Winter Springs_
The City of Casselberry has retained the law finn of Foley and
Lardner to represent their case before the Water Management
District and an administrative hearing officer if required_
If the Commission decides to enter into this agreement the two cities would
jointly pursue denial of Altamonte Spring's permit based upon Altamonte's
inablitiy to document consistency with the "no"down stream impact rule.
The Governing Board denied the first request for a permit.
Altamonte Springs has revised the permit and is resubmitting it to the district for
approval. At this time it appears that the Water Management District Staff may
be recommending approval of the revised permit.
The City of Casselberry originally requested the City to fund 50% of the legal
and associated engineering fees.
The fee for activities involved in presenting the case before
the Water Management District Governing Board is $40,000.
It is estimated that an additional $50,000 in legal and engineering fees would be
required to take the case to Administrative Hearings if required_
A review of the facts by the Winter Spring's Staff concluded that the City has no
more than a 15% interest in the matter.
The interlocal agreement provides that the City would pay 15% or $6,000 of the
$40,000 to pursue the matter before the Water Management District Governing
Board_
The agreement does not address an Administrative Hearing. If an
Administrative Hearing is required a separate interlocal agreement would
need to be executed by the two cities if the two cities desire to jointly
pursue the Administrative Hearing_
Page 2
RECOMMENDATION:
Staff is recommending the City Commission enter into the attached interlocal
agreement with the City of Casselberry to jointly pursue denial of the City of
Altamonte Spring's permit to use Gee Creek to convey excess storm and ground
water to Lake Jesup.
IMPLEMENTA TION SCHEDULE:
The Governing Board of the Water Management District is scheduled to
hear this matter in August.
If it appears that the Water Management District Staff will recommend
approval of the permit to the governing board the attorney will request a
hearing before a hearing officer prior to the governing board hearing the
matter. This would take about six months.
If it appears that the Water Management District Staff will
recommend denial of the permit to the governing board the
attorney will argue the case before the Water Management District
Governing Board and proceed to Administrative Hearings if the
District Board should approve the permit against their Staff s
recommendation.
ATTACHMENTS:
A) Interlocal Agreement
B) Letter from Casselberry City Manager, Jack Schluckebier
COMMISSION ACTION:
Page 3
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JUN 0 5 1996
INCORPORATED 1940
95 TRIPLET LAKE DRIVE
CASSELBERRY, FLORIDA 32707
CITY OF WINTER SPRINGS
City Manager
PHONE (407) 263-3904
FAX (407) 831-61 1 4
OFFICE OF MAYOR
May 31, 1996
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Honorable John F. Bush, Mayor
Mr, Ron McLemore, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Lake Orienta Flood Plan
Dear Mayor Bush and Mr. McLemore:
We understand staff and the City Commission from Winter Springs has indicated opposition to the
issuance of a permit to Altamonte Springs to pump 2.0 million gallons per day of excess Lake Orienta
stormwater to Casselberry Lakes and, ultimately, to Gee Creek and through your city. Your staff has
indicated that there are existing flooding and environmental problems within Winter Springs corporate
limits that could increase if the permit that Altamonte Springs has applied for is granted by the
Governing Board of the St. John's River Water Management District.
The City of Casselberry has retained the law firm of Foley & Lardner, Inc., along with technical
engineering support from Ghioto & Associates, to complement and reinforce our in-house staffs
recommendation that the Atlamonte proposal is not in the best interest of the residents of Casselberry.
We estimate that our. expenditures to have our outside consultants prepare for and represent us at the
Governing Board meeting next month are $40,000. A significant portion of this has been spent to
date.
As you are aware, staff of the St. John's River Water Management District has recommended denial of
Altamonte's permit primarily due to the efforts of our consultants. We fully expect the Governing
Board to deny the permit as submitted. Even in this event, or in the event their request is resubmitted,
we anticipate that Altamonte may very well try to modify the permit application to satisfy the District's
concern of water quality. If that scenario develops, we will again need assistance from our outside
consultants to properly respond. We estimate that an expenditure of perhaps another $40,000 may be
required.
Honorable John F. Bush, Mayor
Mr. Ron McLemore, City Manager
City of Winter Springs
May 31, 1996
Page 2
Due to the fact that both of our communities will benefit from having the legal and technical expertise
to properly defeat the proposal to pump 2 million gallons per day through our mutual facilities, we are
requesting that Winter Springs consider cost sharing the outside expertise retained by Casselberry. We
would suggest a cost share of 50/50 to open discussion with you on this matter, but remain open to
" suggestions_ or_ reco.J!Yllend~tlons that.y-oumay have regarding_this_matter. __ We_would _obviously botlL
invite and wish for you to be intricately involved in all related meetings and communications in this
regard. We look forward to working together on this most important venture.
Sincerely,
Bruce A. Pronovost
Mayor/Commissioner
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Jack M. Schluckebier
City Manager
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cc: Members of the Casselberry City Commission
Donna McIntosh, Casselberry Attorney
Duke Woodson, Foley & Lardner, Project Attorney
Tony Segreto, Public Works Director, Casselberry
Frank Kruppenbacher, Winter Springs Attorney
9'96.289
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DJTERLOCAL AGREl!lKmt'1'
BETWEEJJ TllB CITY OP CASSBLIJERRY A!1D
THE CITY OP WYNTER SPRrNG8
~HIS XNTERLOCAL AGREBMEHT is made and entered
into this ____ day of July, 1996, by and between the CXTY
OP CASSELBERRY, a Florida municipal corporation, whose
address is 95 Triplet Lake Drive, Casselberry, Florida
32707 and the CITY 01' WINTER SPRINGS, a Florida municipal
corporation whose address is 1126 East state Road 434,
Winter sprinqs, Florida 32708.
WITNESSETH:
WKBRBAS, the ci ty. of Al tamonte Springs has
applied to the st. Johns River Water Management District
(hereinafter referred to as."District") for a permit to
discharge water from Lake Orienta into the Gee Creek
Drainage Basin in the City of Casselberry and the City of
Winter Springs; and
WHEREAS, District Rule 40C-4.301 Florida
Administrative Code provides:
II (1) In order to obtain a standard general,
individual, or conceptual approval permit
under this chapter or chapter 4 OC-4 0,
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F . A. c. , an applicant must provide
reasonable assuranoe that the
construction, alteration, operation,
maintenance, removal or abandonment of a
surface water management system:
(a) Will not cause adverse water
quantity impacts to receiving
waters and adjacent lands;
(b) will not oause adverse flooding
to qn-site or off-site
property;
(c) Will not cause adverse impacts
to existing surface water
storaqe and conveyance
capabilities;
(d) will not adversely impact the
value of functions provided to
fish and wildlife and listed
species by wetlands and other
surface waters;
(e) Will not adversely affect the
quality of receiving waters
such that the water quali ty
standards set forth in chapters
62-3, 62-4, 62-302, 62-520, 62-
522, and 62-550, F.A.C.,
including any antideqradation
provisions of sections 62-4.242
(1) (a) and (b), 62-4.242(2) and
(3), and 62 - 302 . 300 , F . A. C. ,
and any special standards for
outstanding Florida Waters and
Outstanding National Resource
wat.ers set forth in sections
62-4.242(2) and (3), F.A.C.,
~ill be violat.ed;
(f) Will not cause adverse
secondary impacts to the water
resources;
(g) Will not adversely impact the
maintenance of surfaoe_ or
ground water levels or surface
water flows established in
chapter 40C-S, F.A.C.;
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(h) Will not cause adverse impacts
to a work of ~e District
established pursuant to section
373.086, F.S.;
(i) will be capable, based on
generally accepted engineering
and scientific principles, of
being performed and of
functioning as proposed;
(j) Will be conducted by an entity
with the financial, legal and
administrative capability of
ensuring that the activity will
be undertaken in accordance
with the terms and concUtions
of the permit, if issued; and
(k) will comply wi'th any applicable
special basin or geographic
area criteria established in
chapter 40C-41, F.A.C."i and
WHEREAS, data provided by Altamonte Springs to
the District demonstrates adverse impacts to Casselberry
and Winter Springs; and
WHEREAS, Altamonte Springs has not provided
reasonable assurances - to the District, Casselberry or
winter springs that there will be no adverse impacts as
required by 40C-4.301 F.A.C.j and
WHEREAS, the city of Casselberry and the city
of winter Springs find it in the best interest of their
respective citizens to share in the cost of opposing the
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Altamonte Springs application to the District for
discharge from Lake Orien~a.
NOW, THEREFORE, in consideration of the mutual
covenants, agreements and promises contained herein, and
other good and valuable consideration, the receipt and
sufficiency of which is here~y acknowledged, the parties
agree as follows:
section 1. The cities agree to oppose the
Altamonte Springs application and work cooperatively in
sharing information with regard to the impacts associated
with the application.
Section '2. casselberry and winter springs
agree to jointly share in the costs incurred to date and
costs to be incurred in' opposing the Altamonte springs'
application. Casselberry agrees to pay 85% of the legal
fees and consultant costs and Winter springs agree to pay
15% of legal fees and consultant costs. Casselberry ana
Winter Springs agree that the law firm of Foley & Lardner
will serve as legal counsel to both cities and that the
consulting firm of Ghioto and Associates will be retained
by Foley & Lardner to assist in this effort.
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section 3. Casselberry shall be responsible
for receipt and payment of invoices for legal fees and
consultant costs. Casselberry will submit a requisition
for payment for 15% of fee and costs to winter Springs on
a monthly basis.
IN WITNESS WHEREOF, the lawful representative
of the parties hereto have executed and affixed their
official seals to this Agreement for the purposes herein
expressed on the date and year first above written.
ATTEST:
CITY OF CASSBLDBJUty
By:
Date:
ATTEST:
CITY OP WINTER SPRINGS
By:
Date:
C:\~J~.AtlI.I'/l.9lSIOlJ..IIDW:d
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