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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 QIifU nf QIass~Ih~rru m," JJ~(CIETrn1'm1m\ ~\(.~ lA.1. \Y J~JJJJ 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 =,,-TC"'l~"Ln c", ..r'>,1e ""/";70 ~ v~~ JlC ~....t'f..... .. - 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 ~ ~t1,~ Jack M. Schluckebier City Manager /jr 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 20d Nd 90:vO 96-10-LO EvLl-Sv9-LOv WOad 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, 1 9001Z00 1m ~I3:NaHV' ~ ;~3:'O.,.r CtlT ~tA l0I7.0. AO:OT OR/Tn/In "Ud 900/COO IP1 Wd ~U:VU So-IO-LO SvLl-8t9-LOv WO~d 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.; 2 >f:.:! I\J (T)l"\n :os.> r:n () .j' "f1 J T Of-O J nf1_"_ on~OT Oc:l/Tn/ln ~V~l-OV~-~UV nUd~ (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 3 900/JlOO 1m M::lN<nIY' ~ ,l3'O.:l CH t Sf;9 LOJl.Q, LO:9t 96/tOILO ~~~~-cv~-~uv nVQ~ 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. 4 goo/soo IPl H3NffilV'1 ~ ,l3'10d CtL t Sf"9 LOtD. LO:9t 96/tO/LO ~Uc. Wd ~U.VU ~O-IU-~U SvLI-879-LOv WO~d - . 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 5 j:l00/j:l00 f01 }l'';fI\!(f}l'V'1 ~ ;t';f'1n.f r.tJ.T la~ LOt.O. LO: ~T QBITO/ LO