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HomeMy WebLinkAbout1990 10 22 Regular . To the Mayor and my fellow Commissioners: You are well aware that I have been on record countless times questioning the validity and timeliness of the acquisition of Seminole utilities. As you know, I have expressed on numerous occasions my deepest concerns aoout the steps taken to acquire the utility. I continued to be just as vocal after the closing, and consequently started my own investigation after a number of delays in getting answers to my questions. . It all began when the City Attorney failed to answer my question satisfactorily about a $25,000.00 expense that was noted as a deduction from the underwriters (Donaldson, Lufkin & Jenrette) proceeds as a deposit. And my discovery that the city staff usurped its authority when including the Tuscawilla park property as part and parcel to the deal without the City Commissionos expressed approval. This highly irregular delay raised serious questions and caused me to further inquire if Florida Statutes Sec. 218.385 or 218.386 and 286.23 were met. To this day I have not been given the courtesy of a reply from the City Attorney. Then I requested that the acquisition team be at the August 13th meeting to answer a number of other questions I had in addition to resolving the issue of the $25,000.00 check. In my opinion, all I got was unsatisfactory answers once again, so I . . . . ---- -- ---- - .~- -- -- ~---- ............---~--- -- continued my research further to uncover the facts. Among the facts I uncovered and questions that still remain unanswered are; 1. Was the Commission deliberately kept in-the-dark about the facts surrounding the Topeka Groupos signed purchase Agreement to acquire Seminole utilities for $6.5 million? 2. Were we misinformed about Seminole utilities request for a 50% rate increase, when in fact no such formal request was ever made before the Public Service Commission? Was this a tactic to substantiate the value of the utility? Did it unduly influence this commission to make a hasty decision to "close" before rate payers faced such increases? 3. If Topeka was willing to buy, and seminole utilities was willing to sell the utility for $6.5 million, how come we paid 12.3 million only 14 months later after first making an offer of $7.5 million in February of 1989? How could the price have doubled in just 14 months? In fact the total price we ~~ end up paying for the utility could be in excess of $17 million. This represents $12.3 Million plus paying the seller $2400 for every ERC over 5500 up to 7500 that could cost the city an addition $4.8 million. ~. Was the explanation to raise the service rates of . . . Seminole to match the West side service valid or was if used to influence bondholders to purchase? We had previously been told that the utility was not bondable due to unfavorable conditions. with the rate increase plugged in, did that make a difference? If the utility would have cost us say $6.5 million, the same amount Topeka and Seminole agreed on, would the rate increase have been necessary? 5. How we acquired without legal authority, Tuscawilla park property, not in control of Seminole utilities, from the utility? And how come the Commission was not informed in a timely manner and kept up to date on this issue? Why did city management fail to inform us of a meeting held on January 11, 1990, where in fact discussion took place about the parks being included in the deal? The fact is the City Manager never brought to the Commission this important issue as the notes of the meeting clearly stated he would. Consequently, we have acquired property not consented by the City Commission. 6. How could the City expect complete objectivity and due diligence on behalf of this Commission by agreeing to have the seller's investment banker and financial advisor act as the City's financial advisor for the transation? ThatOs akin to hiring the fox to guard the chicken coup. To further complicate the issue, the seller paid our advisor for his services! While we saved around $150,000.00 by agreeing to this unorthodox arrangement with the underwriter, we did pay over $6 million more - ....... ~ ........- ~.~~ ~ -_.~ - -- ----- ---------------------- -------------------- --- . -. - - --- ....-.- ~ . . . , .' for the utility than Topeka had previously agreed to. How come? 7. How come the City never got 3 independent appraisals for back-up to support the transation, yet we relied on the seller's appraisals to justify the purchase price. By the seller's own admission, the record shows that the seller received a settlement which exceeded the valus as set forth by the seller's own expert appraisers. Why would the City's negotiators agree to pay in excess of the seller's appraised value? 8. Why has Coopers and Lybrand, the CityOs auditors, refused to answer my questions, after sending 2 certified requests, concerning full and complete compliance with Florida statutes? 9. For all the work that was done on the city's behalf, how come Parker and Johnson et aI, never billed us for any City Attorney services, financial advisor services or bond council services from January 1990 to date? And for some unknown reason announced that they would not. Why not? Remarkably, the city has received no record of any services performed by the City Attorney and bond council on this transaction subsequence to January 1990, when in fact we all know work was preformed. It is my understanding that we were to be provided with all the documentation for work performed related to the acquisition of Seminole utilities. When can we expect itemized statements and supporting documents? If they don't want to charge us thats . . . ------------------------..-. -- - - . ---- .........--- -- - .......... - --~-- f~ne, .but where are the records as to who did what and when. 10. How come we paid almost $6,000.00 to Rose, Sundstrom. and Bentley for research and expenses to attend the August 13th meeting to brief the Commission on the background of the acquisition, which I strongly protested. But according to Coopers & Lybrand, the City Manager refused to pay them to answer my questions about compliance with Florida Statutes? While some may dismiss these questions as trivial and attempt to make light of them, no one should ignore them as long as they remain unanswered. Too many important questions concerning the management, or should I say mismanagement of this transation, leave one wondering if the taxpayers of Winter Springs got a good deal or a bad debt. What I cannot condone are those who in a position of appointed authority in public servise failing to exercise due diligence of the public trust. Neither can I condone this same element from making decisions reserved for the elected body or withholding pertinent information from them. I feel there has been repeated attempts to hinder my investigation which made at tim~s my inquires an exercise in frustration and futility. It is my opinion that this Commission may have been . . . - - ~----------~- _.._~---............-- -----.........------~~ ~---- ------~.._._------._~ ~_..------------ ------~_.-..........---- ----.....-..---~ - ._ .. I mi~led, given misinformation and or purposely misdirected as to what was relevant and pertinent to make an informed decision on the purchase of Seminole utilities. At the time I voted for the acquisition, and perhaps all my fellow Commissioners, we thought that the information we received up to that point was true and complete. Under further scrutiny, however, that appears to not be the case. While I believe the acquisition of private utilities are in the best interest of Winter springs, I cannot support the manner in which it was presented to us and the possibility of paying over $17 million. Therefore, I believe it is in the best interest of the taxpayers of Winter springs to have the Auditor General, or someone completely independent and not politically tied, take up where I left off in order to get to the truth and settle the matter once and for all. Respectfully submitted; M William City Commissioner Winter springs . . . "" October 19, 1990 TO: City Manager ~~ Land Development coordinator~. FROM: RE: Request for Temporary Office Building This is a request of Winter Springs Development Joint Venture to install a temporary office building at 1301 Winter Springs Boulevard. This may be granted by the Commission under Section 20-412 of the Code. Please see attached. Jfg attach. cc: Mayor Commission City Attorney City Clerk . . . . October 19, 1990 TO: City Manager ~ Land Development Coordinato~ FROM: RE: Request of Winter Springs Development for Temporary - Office Modular Building A meeting to discuss the above referenced was held on October 19, 1990. Representing the project were G. Marvin and G. Burden. Staff members present were City Manager Rozansky, Artman, Govoruhk, Koch, Kozlov, Lallathan, LeBlanc and McKinney. The request is to install a modular office building at the complex located at 1301 Winter Springs Boulevard (NE corner of intersection of Winter Springs Boulevard and Northern Way). Marvin explained that this was a move to consolidate all their offices working on the Tuscawilla area to one central location. The Staff has no objection to this request, but the following points were discussed. There is already one temporary building on this site. Whether this request is approved or not, all temporary buildings must be removed prior to sale of this particular property. Once the interior of Tuscawilla is developed, the operations may be relocated north of the tracks along State Road 419/434. This request may be solely granted by the Commission under Section 20-412 of the Code. /fg cc: Staff . October 17, 1990 Mayor Leanne M. Grove City of Winter Springs 626 Altorn Road winter Springs, FL 32708 commissioner Arthur Hoffman City of winter Springs 1436 Mt. Laurel Drive Winter Springs, Fl 32708 Commissioner william Jacobs City of winter Springs 404 South Edgemon Avenue winter Springs, FL 32708 ~Ocnr.\ WINTER SPRINGS DEVELOPMENT JOINT VENTURE 1301 Winter Springs Boulevard Winter Springs, Florida 32708 (407) 365-3252 Cindy Kaehler, Deputy Mayor city of Winter Springs 741 Mimosa Court winter springs, FL 32708 commissioner Philip Kulbes city of winter Springs 705 Glasgow Court winter Springs, FL 32708 commissioner Paul P. Partyka City of winter springs 684 Oswego Court winter Springs, FL 32708 . Dear Mayor Grove and Commissioners: The winter Springs Development Joint Venture, as the developer of the remaining Tuscawilla Community, requests that it be allowed to locate an office trailer (20' x 36') on the site which currently serves as the Tuscawilla Realty, Inc. office and administrative offices for the venture. The address is 1301 winter springs Blvd. I winter Springs, Florida 32708. This request is made as a result of our desire to increase our on- site management team and our belief that this presence will enable us to conduct our activities more efficiently within the community. The temporary use of this facility would likely be concluded within a two year period, as our remaining development operations will be decreasing as we go forward. At the recommendation of the City Staff, we have location on existing pavement so that no additional runoff will be generated from this activity. I believe location works well with the existing structure on the that it will be in keeping with the intended use of the land. selected a stormwater that this site, and parcel of . ~~~':7I"n~t-:-"'Ii D 'I ~:,:"';:""', \ iJ \~, ',f ',....,' '".~ ",',,' ~~ ,"','" I'..' .t! ~ . ?(l--; I r ',' ,tf I"'" 1"7' j r ",;' .. - ""= ....,;. /<:. J I II n ~''''~ OCT 1 '7 1990 A Joint Venture between Home Capital Development Group, a subsidiary of Home Federal of San Diego, Calif. and Gulfstream Housing Corp. CITY OF WiNTER SPRINGS CITY HALL . . . Page -2- The trailer will be new and will have painted wood siding. of course install skirting and the necessary landscaping to create an environment that will compliment of the offices and landscaping. We will in order existing Your consideration of this variance request is most appreciated. Sincerely, 0A~~/>f~~ Glenn Marvin Vice President Gulfstream Housing Corp. for winter Springs Development Joint Venture cc: Lou Vogt Don LaBlanc Dick Rozansky . . . CITY OF WINTER SPRINGS, FLORIDA 11 26 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 WINTER SPRINGS COMMERCE & INDUSTRY DEVELOPMENT BOARD October 17, 1990 Mr. Richard Rozansky City Manager City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Dear Dick: This letter is to request that the Commerce and Industry Development Board be placed on the Agenda for the October 22nd meeting of the Winter Springs City Commission. The subject to be addressed is a Business-to-Business Directory to be produced by the Commerce and Industry Development Board for the businesses in Winter Springs. Funding will be accomplished by a minimal charge for those wishing to participate, and availability scheduled for January, 1991. We feel this is a positive step, along with our recent survey, toward keeping and encouraging the expansion of the Winter Springs commercial and industrial community. Results of the survey will be presented at a later meeting. Creating a favorable climate for our present business citizens is a factor heavily weighed by a company considering future location here-- the other area of focus for this Board. Sincerely yours, ~F Chairman RES/slf . CITY OF WINTER SPRINGS .Building Department 1126 East S.R. 434 2/9/V' DATE :t}ihJ I ..' t:"/ ':!U'll'l' APPLICA'l'ION (Type or Print) ) <<'1'I"'C'I'OR ~ 0'2:[ \ \Cl _qQ.\? I CI.. PH ( '\Dl ) .3~'l- -C> 3 00 . J<<'I'R1,C'1'OR'5 l,DDRESS .40 I l;'~~ J,......,..,o .j.J -p:.MDN~- ~-P:,' . ~ !..lQ.L St:rc~t City Zl.p Q!.u::mJNER I S NAME --Li1J I'~ ..k. Db V1 M~ r-q b.~....Lt t:..- ~I OI~S'l'f,UC'l'lON ADDI"{ESS b ~ ~~ J_~ N e 0'1' ~ BLOCK ~ SEC'l'. UNIT ~/DIVI~~ 'Al~CCL l~o.1 / :l / .J CJ SOJ ZONING /L_I7-:rt r RE C u:- .~ 'i n" I'", . ' ,_, ~! ".... II 1 . .,~". ... .' )/~~~ Cltl Of H.lnrer: Se~ ~~Cle ~ 'n E 01' P "1'>11 '1' , () au ILD I NG ( ) ROOF I NG ( ) ADDI TICN .~ I:l ( ) R-o-w-s'rREETCUT-JACK & BORE () FENCE ) POOL ( ) SCRpEN ENCLOSURE lCSC1UBE \~Ol(K TO BE DONE c:.:?f6a~r-:pGMc.x::\~L (fY' t ~ L--I \~O tl>rla,~,ccf!t/({,{lfIn,1 ~~?~Z=V---= ~ +~ ~- >>*. "54-(' v c..hl /~ 5. / LIVING)( CARPORT/PORCH GARAGE tI1. SEWEn' (POTABLE WATEn 1 SEPTIC TANK PERMI'1' No. Co 8 7 () - rr 2$'1' INA'l'ED VALUE OF JOB ..\P I v-, I ~ + J- 0 ~ 0 MODEL DATE SIGNED EXP ~/ ?D(r'L EXP~/1....1 q/ _ J t.l{CllI'l'EC'l'URAL COMMI'l'TEE S'1'A'i'l:: lillCIS'l.'lU\'l'ION or CER'l'IFICATION NUMBER c::::;f7 col e,J '2-4- \W1U~NANS CONP. No. (D If' - Ll (?- 9 ct J 19..1.0 _0 I -9D By Signing B~low I Acknowledge That The Above Information ('oniorrn To 'rile Cir.y of Winter Springs Building ~~~~11Will R A1Jpll.c...nt:':; Nallle (prOnt) Is Correct, And Agree To tions. I Agree maged Condition. O).l -jb te ALL REINSPECTION FEES SHALL BE PAID BEFORE REINSPECTION IS MADE aaa~~.aa.............**.*..***.********************************..***.***.*.*********-********* 'l'llE fOLLOHING 'l'O DE ENTERED B'i 'l'HE BUILDING DEPARTMENT ONLY I ~AILURE TO COlvlPL Y WITI-I ~fIE l\tiECl-Il~l"JlCS LIEN LAoW FEES: q~ .~~ B,ESULT IN THE PROPERTyDLDG $ ROW ) \:~'Eli. P A YI1\fG TWICE FOR TOTAl: FEE DUE $ )UILDII\fG IlvlPROVEMENTS. CALCULATED VALUE $ 17 ) co a . APPROVED B - nADON $ - DATE ""NOTICE: 'n nddiUon to tho rcqu1romonts of thIs PEllMI'!' No. ponnlt, \1\OrO may bO :lddition:J ro~trjctlons ap- pliC:lbto to lhl5 proporty thaI m~y bo found In tho (\, 11"\,j~ r~cord~~ of this county." .--- -~ . BUILDING PERMIT TO BUILD, ALTER, REPAIR, REMOVE, DEMOLISH, OR USE CITY OF WINTER SPRINGS, FLORIDA OWNER LILLIAN & RAYMOND GARCIA Street Location 638 MORT.QN LANE 2/9/QO V OATE ~Jih.f I Lot R Block M Unit PH (tfD1) 3;'l,~b~o6 DI\J\~~' ?tlOI_ ( Zip SectiorL Permit To 7 S bd- . . -__ u IVISlon REMODEL GARAGE N. ORLANDO RANCHES ~/I~ REC.rci\/11-=~r) -...." '" P..~~... I/~~ Cltl Of H.lnter. S~ ~~~ ( l ADDITION ~ . l POOL ( l SCRpEN ENCLOSURE ~ \ b L --I \fJJv--C/ ~d:l~ ~- -- ------- Structure /'1 CJVo Value $ ~te80. Zoning R1AA Living Area ~ S-C ROBERT ~ARDIA Contractor County Use .!'~here~y acknowledge that the above IS '. -- to~the Wmter Springs Buildlllg R I correct, and dgree to conform ~. egu atlOns and Codes. l~, ,.-. . R~~arks c. ...... "..D . . APPLICANT C8C018724 ^ -r'4~ f) \~ ._.T , ~l -'" ';) \:..' - 1- '. \-) -;...; Y' \ E C TANK PERMI'f No. (9 R 7 () - If , {I, '~.I (..II Plans Approved Building Depa"m~~ - 9-- /t 19 :7'0 9 s-" eo) DATE SIGNED EXP &,/ "Dft2 EXP ~I 1... I Cll I ?-4 3740 l}Gl O~)j~2U,I'\~l0!.;hEt; And Agree To tions. I Agree maged Condition. Date Total Fees $ ~.l.ib te ~PECTION IS MADE -..........---...----.------.-*--- '1'IlE FOLLO\HNG '1"U UJ:. !;.IU......~~ ~ _ ____ FAIL URE TO COlvlPL Y WITI-I CALCULATED VALUE ~ TflE lvlECF1J\1\JlCS LLS1\J L...JrW FEES: (:}~ .!-\..~\I:.B.ESULT IN THE PROPERTyDLOC $ '::1 U - ROW Ovvl\jEl~ P}-\.YI1\J-G T\/VICE FOR TOTAL' FEE DUE $ BUILDI1~.G IlvlPROVEMENTS. APPROVED D 17 J co a . ""l\IOTICE: 1n uddillon to tho rcqu1romonts 0' thfs PEHMI'l' No. porrnlt. \llOrO m:lY bo ::lddition::J ro~tricllons 3P- plipCl\:llfJ l~ lhlfJ Ql'QQQ(IV U'itl.! tl1~y bo!~_un~_~n tho - RADON ~ -