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HomeMy WebLinkAbout1981 11 10 City Commission Regular Minutes ~ 81-82-3 . REGULAR MEETING CITY COMMISSION NOVEMBER 10, 1981 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. Reverend Bob Burns gave the invocation. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Wilfred Arnold, resigned Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Torcaso to approve the minutes of October 27, 1981. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Public Input: Festival - Reverend Burns: Reverend Bob Burns, representing Winter Springs Community Church, asked the Commission for permission to have a parade along with their country fair and strawberry festival, in an effort to get recognition for theCity of Winter Springs and to raise funds for a multi-purpose building. . Motion was made by Commissioner Torcaso, seconded by Commissioner Hartman to allow the Winter Springs Community Church to have a parade. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner, Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. The festival is scheduled for March 19, 20 and 21 and the parade for March 20, 1982. V.F.W.Proclamation: Mayor Piland read the V.F.W. proclamation and recognized former Councilman Charles Rowell, who has been very instrumental in theV.F.W. and the progress of their building. Richard DeFazio, Jackson Circle, asked the Commission if a light could be installed in the park by the pavilion. Mr. Fred Henkel, Sailfish Road, asked if something could be done to slow the traffic on Sailfish Road. Mary Martin, Sailfish Road, said she brought this before the Commission months ago. General Agenda: Mayor Piland read the letter of resignation of Commissioner Wilfred Arnold. Motion was made by Commissioner Hartman to accept the resignation of Wilfred Arnold. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Trencher, aye; motion carried. Public Hearing for an appeal from the Board of Adjustment's decision to not grant a request of North Orlando Water & Sewer Corporation for conditional use in zones R-lA and R-lAA to operate a public utility facility (land spreading of secondary sewage . Reg. Meeting, City Commission, Nov. 10, 1981 Page 2 81-82-3 . effluent) on 40 acres beginning approximately 300 feet northeast of the intersection of Shore and Bahama Roads. Mayor Piland announced that anyone who wished to speak during the appeal would have to be sworn in by the City Clerk and sign their names. Mayor Piland recessed the commission meeting and convened the public hearing for purposes of hearing testimony on the appeal. John Froscher, representative of the NOWSCO and Utilities Manager explained that NOWSCO was asking for an approval for a conditional use of certain properties zoned R-lA and R-lAA for utilities operation for disposal of treated sewage effluent. He said many people have voiced concerns on the zoning requirements and on the health and safety aspects of the project, and the reason to go to land spreading. Mr. Froscher explained that the utility company needs to expand its treatment capacity and its effluent disposal capacity. He explained that it is no longer legal to discharge effluent to surface water. Right now the sewage treatment plant is limited by its effluent disposal capability and that capability is 750,000 gallons per day. The effluent is presently being disposed of on the Big Cypress Golf Course. The utility company needs 1.6 million gallons per day of capacity for all the requests. The utility company has a construction permit from the Florida DER to expand its effluent disposal facilities. That permit has a capacity of 1.13 million gpd and that leaves a deficit of 470,000 gpd. There are plans for another site that will give 350,000 gpd which would give a total of 1.48 million gpd and that would still leave a deficit of .14 or one hundred twenty thousand gpd. . NOWSCO is a Public Service Commission regulated utility that must extend service to people on a first come first serve basis, no bias can be shown. The safety and health aspects of this operation have been reviewed by Florida DER. They have a rigorous permitting method and they have many regulations which NOWSCO had to comply with. The issuance of the permit is evidence that NOWSCO has met their minimum requirements. Mr. Jim English, professional engineer with Dyer, Riddle and Precourt, gave a brief explanation of the operation. He explained that when the wastewater gets to the treatment plant it will get a secondary treatment which removes approximately 80% of the solids which is a minimum requirement set by DER required for land spreading. There will be a 100 foot zone around the entire perimeter of the site where no application of effluent will be made and no run-off or discharge of any effluent. DER has also required NOWSCO to instal monitoring wells into the ground water around the perimeter site in several locations and they have to be monitored quarterly and any time they show a degredation DER will make NOWSCO cease operation or improve their operation. The buffer zones are uncleared woods and the site will have a fence around the perimeter with warning signs required by DER, stating it is an effluent dis- posal site. Mr. Mark Mongeau of Universal Testing explained what happens to the treated effluent after it gets sprayed on the site and goes "out of sight." He explained that there are three advantages to the proposed spray irrigation fields in that the effluent is much higher treated; the loading rates are much lower than a typical septic tank system and the root and plant systems themselves are able to aid in the enhancement of the quality on-site. . Commissioner Torcaso asked Mr. Froscher about the health hazards. Mr. Froscher explained that the Florida DER sets certain standards for NOWSCO to meet in order for DER to issue a permit. . . . Reg. Meeting, City Commission, Nov. 10, 1981 Page 3 81-82-3 Commissioner Trencher asked if there have been any problems with effluent spraying on Big Cypress. Mr. Froscher said they have been spraying there about 18 months and they have been monitoring wells located allover the site and have submitted those results to DER. Mr. Froscher felt that the use of this property for utility operations is consistent with the zoning requirements. He said the utility company has substantial need for using this site and the environmental aspects and health and safety aspects have been addressed by the Florida DER. The effluent disposal technique NOWSCO is proposing to use is a fairly generally used practice that is going to be used more and more because of the concerns of the discharge to our natural waterways. Mr. Froscher said the utility company is merely trying to respond to the needs of the community in providing additional sewage capacity and request the Commission's assistance. Mayor Piland commented on the letter from Mr. Chute, Chairman of the Board of Adjustment. Mr. Chute made comment on why the Board of Adjustment denied the request. Mr. Chute said it was the consensus of the Board of Adjustment that it was not consistent with the zoning and public interest. The following persons spoke: John Van Eepoel was concerned about the drinking water; Albert Musgrove-seems like a very poor site; Karen Hart was concerned about children catching a virus from playing in that area and about the odor; Gail Hicks was concerned about the value of her property; Trish Drebert-asked if DER is short of help, where will they be when we need them?; Ellen McKissick and Phil McKissick had to leave; Jan Denning also had to leave; Roger Hicks-against it; Mary Williamson was concerned about contamination of the water and who monitors the spray capacity from day to day; the McKissick's are also against it; Beth Gregg, against it; Al Davis-agreed with Mr. Chute's letter; John Klingmeyer asked if there was some type of revenue the City would receive for this; Pat Klingmeyer said growing will cease in that area; Norma Schauq-opposed to it; John Schaub-opposed to it; Richard DeFazio-opposed to it; Diane Nye had to leave; Mary Martin-opposed to it; Marie Henkels-opposed to it; Clarence Hurst-opposed to it; Jane Van DeGraaff-opposed to it; Rudolf Van DeGraaff- opposed to it; Vernon Thomas-against it; Buck Adkins-said Councilman Arnold's appointment to the Board of Adjustment was Capt. Chute because he was honest, knowledgeable and updated and that was brought out this evening; Phillip Carleton- opposed to it; Russell DeFazio-asked how long they could dump here; James Hartman- concerned about the site being low and the odor; Sam Woods-opposed to it. Mayor Piland spoke about property values. He said we are committed to go to Iron Bridge and that we are on the verge of buying NOWSCO. He spoke about the costs of sewage to customers. There is a definite need to have the additional capacity and what is proposed is a temporary solution to increasing the capacity of the existing plant. When the City acquires the plant we have committed to go to Iron Bridge. When the capacity is available at Iron Bridge the City of Winter Springs will be required to shift that load to Iron Bridge and at some point in time there will be no land spreading, it will all go to Iron Bridge. Mayor Piland closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso that we grant the appeal to North Orlando Water & Sewer Corporation from the Board of Adjustment's decision based on the criteria that the city needs the growth and in accordance with the public interest of the City. Seconded by Commissioner Boyd. Discussion.Mrs. Weiss, Al Davis Richard DeFazio, Bill Jacobs, Jim Hartman, H. Winters, Russell DeFazio, Dave Dearolph made comments. Councilman Trencher said the public interest has been established, the potential of health problems has not been sustained; the potential of property value devaluation has not been substantiated. . . . Reg. Meeting, City Commission, Nov. 10, 1981 Page 4 81-82-3 Commissioner Hartman agreed with Commissioner Trencher but was concerned with water standing on the site. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, no; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. Resolution No. 367 providing for the division of an originally platted lot (Lot 3, Blk. B, N.Orlando Ranches Section 1). Motion was made by Commissioner Trencher, seconded by Commissioner Hartman to adopt Resolution No. 367. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, absent; motion carried. Resolution No. 368 requesting the Dept. of Health & Rehabilitative Services to issue a certificate of need allowing the erection of a community hospital within the City limits, etc. Motion was made by Commissioner Boyd, seconded by Commissioner Hartman to adopt Resolution No. 368. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, absent; Commissioner Hartman, aye; motion carried. First Reading of Ordinance No. 257, rezoning Lot E, Chase & Co. subdivision of Wagner as recorded in P. B. 6, etc. from C-l to C-2, etc. Motion was made by Commissioner Boyd, seconded by Commissioner Hartman to read Ordinance No. 257 by title only on first reading. Discussion. Vote on the motion: motion carried. Attorney Cook read Ordinance No. 257 by title only. First reading of Ordinance No. 258, rezoning Lots 1 through 5, Blk. A; Lot 7, Blk. B; Lots 1, 2 and 11, Blk. C; Lots 1 through 3, Blk. D of North Orlando Ranches Sec. 3, from RC-l to R-lAA, etc. Motion was made by Commissioner Boyd, seconded by Commissioner Hartman to read Ordinance No. 258 by title only on first reading. Discussion. Vote on the motion: motion carried. Attorney Cook read O~dinance No. 258 by title only. Results of November 3, 1981 Election: Council Seat 2, B. G. (Buck) Adkins 451 Bill Jacobs 415 Charter Amendment: For 459 Against 385 Mayor Piland and Commissioner Boyd were elected unoppesed. City Manager - Richard Rozansky: 1. Tuscawilla/Parks/Recreation-Mr. A. Barr, Winter Springs Development Corp: Mr. Art Barr was not present. The Staff recommended that this be considered by the Planning and Zoning Board at their next meeting. Monthly reports have been distributed. Regular Meeting, City Commission, Nov. 10, 1981 Page 5 81-82-3 . Commission Seat I - Jim Hartman: Commissioner Hartman congratulated Buck Adkins on being elected to Commission Seat II. Commission Seat II - Commission Seat III - Martin Trencher: Nothing to report. Commission Seat IV - Maureen Boyd: Nothing to report. Commission Seat V - John Torcaso: Nothing to report. Mayor's Office: Mayor Piland reported that we are very close in our negotiation with the North Orlando Water & Sewer Corporation purchase. Meeting adjourned 10:58 p. m. Respectfully submitted, . Approved: ~Q1 TROY J. PI )~-4t/- ~ Mary T. Norton, City Clerk -~- .