HomeMy WebLinkAbout1992 03 23 City Commission Regular Minutes
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AMENDED
REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
MARCH 23, 1992
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor Philip A. Kulbes at 7:30 p. m.
Roll Call:
Mayor Philip A. Kulbes, present
Deputy Mayor John Langellotti, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
John V. Torcaso, present
Don Jonas, present
Terri Donnelly, present
Cindy Kaehler, present
The invocation was given by Commissioner Terri Donnelly. The pledge of allegiance
to the flag was led by Commissioner Don Jonas.
Approval of minutes of March 9, 1992: There were no additions or corrections; the
minutes stand approved as submitted.
Public Comment:
Helen Powell, Hacienda Village, spoke about a problem with their mailbox for their
homeowners association.
Borrow Pits:
David Brown, Attorney with the law firm of Broad & Cassel, representing Sullivan
Materials as the applicant was present to speak to the Commission. He said this
project was proposed by Sullivan Materials together with working with Winter Springs
Joint Venture, the owner of the property for the purpose of excavating lakes and
developing adjacent land uses which would provide fill material for the expressway
being built in Seminole County. In addition to that it was felt that this was a
viable project from the City's perspective. It promoted several things. One is
that there had been an on going discussion as to the density of Parcel 15 and Parcel
14 as to the future land uses in the City. In addition there was known to be a
tremendous demand for fill for the Expressway Authority. One of the benefits that
would be derived not only by the City but the surrounding portions of the County, is
that by removing this fill and having direct access to the expressway right of way,
the traffic impact by trucks carrying fill would be diminished substantially. As a
result of that, those two major items provided benefits to the City, that we then
proposed initially last November to discuss with the City.
We had been in the process for several months of addressing several technical concerns
not only City but also addressing technical concerns of Florida Dept. of Regulation as
well as St. John's Water Management District. We have come tonight to ask you for
approval to operate this property as a borrow pit. The result of the borrow pit will
certainly be the land will be excavated, the fill will be removed from the site and
what will be left will be a lake site adjacent to single family homesites.
Commercial development on SR 434 will still exist. On 14 there will be two lakes
that will be dug on either side of Winter Springs Boulevard. One of the things we
are doing tonight is we have furnished to the Commissioners and we have handouts for
anyone that may want copies of them.
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Mr. Brown said we tried to synopsize and present in a
questions that have come up, the different issues by
Commissioners, etc. and we have summarized that in a
that is to have everybody looking at the same thing.
letter format different
homeowners, City staff,
response issue. Purpose of
We today received two letters one from St. John's Water Management District and one
from DER both in advance of the next step, the next step which is usually to issue
notice of intent to issue permits which those are then furnished to the agencies for
board action, etc. We are only talking about what will be proposed staff recommenda-
tions to the board. It is up to the board to make the final decision, but the staff
has indicated that the applications that have been submitted by the engineers for
this project will be recommended favorably although final review has to be completed,
but it is anticipated that there will not be an unfavorable recommendation from staff
but instead a favorable recommendation from staff.
The letter from DER addressed both Tracts 14 and 15. St. John's Water Management
District addressed it as to 14 but anticipate the same conditions on 15 as they do
in 14 although the soil conditions are somewhat different. The additional soils
tests that were provided as to 15 provided the necessary depth and assurance to
that agency that no problems were going to be encountered which are not normal
problems encountered in these types of operations. So we have gone through that
step and I know that has been something that still has to be completed. We have
said all along the St.John's Water Management District and D.E.R. are necessary
permits for this project and absent receiving those permits that your approval is
conditioned expressly on that and if it does not happen then you were not obligated
and we were not entitled to proceed.
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We will still have that condition but I think this Commission will have the further
assurance that those permits are being processed in due course and will receive
favorable recommendations from the staff. We do not anticipate and it would be
unusual for the board members to become remonstrated as to these permits absent
very unusual circumstances. In addition the City has had a number of questions
about how do we know the lakes that are being applied for in the infrastructure
development that is associated with, how do we know that that is going to be completed?
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One of the things that has been discussed and quantified is the obligation of the
developer to post a performance bond to assure that construction of the improvements
in accordance with the plan specifications submitted to this City. That is a very
unique item to be committing to. If you were to build a house or building in this
City you would not commit to a performance bond that you will build the house that
has been permitted by this City, but the developer has done that because of the
concern of both the citizenry, staff and this Commission, that in the event con-
struction of these lakes were commenced but not completed, how do we know it will get
finished. So the performance bond will be posted. That performance bond is posted
by an outside surety company, a third party surety company licensed to issue surety
bonds. We spoke about a performance bond to assure completion of the lakes in the
manner that they were designed. In addition the applicant is committing to provide a
maintenance bond the details of which are based on the year involved, cost involved
for a five year period. Again originally that was committed to be a three year
period, but additional concerns were raised and the applicant has agreed to make the
additional expenditure and that commitment for maintenance will be secured again by a
bond and a surety.
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Regular Meeting, City Commission, March 23, 1992
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One of the things I wanted to show - one of the key elements of this application is
that the Expressway Authority and the building of the road is there is a demand for
the fill that exists in this property. Absent that demand there would not be a
demand for fill operation in this area to make it either necessary or economical.
One of the reasons this site still exists the quality of the fill in this site is
satisfactory for what the Expressway needs. The property is adjacent to the Eastern
Beltway, allows access to the Eastern Beltway without visiting upon any of the public
roads other than a crossing of Vistawilla Drive and a crossing here at Seneca which
would be short term use and also the south of l4C will be able to get to the express-
way again without having to go on any public rights of way.
One of the questions that has come up in the earlier workshop was the demand for fill.
It was presented that this fill was not needed and why did the City need to waste their
time doing it. Ultimately whether or not the contractor for the Expressway purchases
fill from this site will be an economic decision contract. You can't make a contractor
buy from you. We think that the contractor should buy from these sites based on
location and competitive price, but if the contractor is able to purchase the fill for
a penny less, economically he will decide to purchase from the area that is a penny
less. Ultimately the decision of whether or not the contractor purchases from this
operation will be the contractor's decision and we have said if this fill is not used
for this roadway then your permit approval is not valid because our express condition
is this fill will be placed upon the Expressway right-of-way taken on the right-of-way
and used in the different areas. That is what our commitment is. We are not going
to use the fill for any other road or any other operation. You know exactly what the
impacts are. Whereas if this fill is contained outside of this area outside of the
City, you will have no control and no direction. That may still be the case because
its dependent on what the contractor selects. Currently these numbers that are set
forth on this chart you heard whether or not this fill was needed. The fill require-
ments shown on this chart with this being Parcel 15 and these numbers being 1.4
million here and 465,000 yards at the intersection of SR 434 and the proposed Beltway
and 300,000 for the south of that. Those numbers were derived from the DOT bid speci-
fications list that was submitted to all contractors. That was what was submitted by
DOT to the prospective bidders. Those were based on quantification that DOT provided
to the contractors. That is what Hubbard and every other contractor bid on.
The one area that mayor may not be needed is dependent on a design change being
applied to DOT by the contractor, and that design change in that area which is
adjacent or perpendicular to Winter Springs Boulevard and impacts the 14 ponds.
Parcel 14 may be done with pilings as opposed to berms and overpasses. If that is
the case you need much less fill. They are going to use the concrete pilings. If
that occurs these quantities may not be required. These areas up here we do not
know why these quantities would be diminished and as to the 14 quantity the only
reason we know the demand for that would be diminished is because of the change in
structural design which is being submitted to DOT for approval by the contractor.
We also understand that there are other areas on the Beltway in that area which are
requiring additional fill beyond that which was originally estimated.
If the contractor doesn't buy the fill and doesn't use it for the Expressway we've
conditioned our permit or are willing to condition our permit on the fact that our
permit will no longer be valid. If they don't take it then our permit won't be valid.
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There have been some discussions raised by adjacent landowners. We have met with
them, trying to understand their concerns. I have not met with them personally but
other people have. I do not believe that their concerns have been satisfied from
their perspective. We believe the concerns they've raised are not technically
justified. We've also offered to escrow $10,000 with their lawyers to protect them
against anything that may happen to the property which they are concerned about.
we had been placed in the position of trying to defeat technical questions which
we do not feel are technically correct or technically justified and have not been
able to persuade the landowner so we have made that monetary offer. Now that perspn
will tell you that that's not enough. We can't cover all those things but technically
the issue that they have represented we have not heard anything technically nor do we
believe the agencies believe that would defeat that which we are trying to apply for
or cause them concern that is justified from a technical point of view.
We have also talked to the other adjacent landowner that is a large property owner in
that area and talked to them and asked them if they have any concerns and from their
point of view we have heard no concerns, they have said they have no problems with the
project and in fact support the project. So we've got a division of adjacent landowners.
I'm not speaking about the homeowners in Tuscawi11a. I'm speaking about the larger
properties that are yet undeveloped across 434. As to the homeowners, we have met
with the homeowners and again I have not met with them personally but one of the
representatives of the applicant has met with them on numerous occasions to educate
and also listen to their concerns and questions. The homeowners have brought forward
a number of items. I believe the applicant has addressed almost all of those items in
a manner which I will say is satisfactory. May not be exactly what the homeowners
wanted but I believe it is a condition that helps the homeowners accomplish that which
they want to accomplish. Its been productive, its been accomplished in a manner which
all parties are satisified with the results.
There is also some commitments that are being made with respect to an entryway off
of Winter Springs Boulevard and Seneca. That assurance is being made notwithstanding
the completion or the use of the 14 lake. So if 14 lake is not used because there's
not a demand for the Expressway, that entryway will still be completed. Also the lots
that are intended to be built around the lake north of Winter Springs Boulevard will
be made part of the same restriction, Chelsea Woods and adhere to the same type of
construction quality. There has been a number of questions about the financial
capability or the wherewitha11 of the possibility of completing this transaction by
the applicant.
I would say that that has been asked as much as I have ever heard in any project.
You have an applicant who is posting performance bond almost $1,000,000 as well as
maintenance bonds for $100,000. Those bonds do not come by just sending a letter to
your bonding company. You are required to secure that with personal guarantees as
well as other cash collateral, etc. There is also the issue of the present owner of
the property, Winter Springs Development Joint Venture. Winter Springs Deve1.Joint
Venture is in the position of granting to the applicant the right to purchase ease-
ments and licenses which are required to remove this fill. If the applicant has had
those licenses and easements granted and if the permits are in place as we had dis-
cussed this evening in that event the question is raised as to whether or not the
ultimate owner of this property which is Home Federal S&L Association out of San
Diego, if they were for any reason to be taken over by RTC or any other federal
agency which may be involved in the regulation and management of the S&L's in that
event that agreement would not be an executory agreement. If it is not an executory
agreement, the government will honor that agreement.
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In this case the agreement would be nonexecutory if it were to happen tonight; if the
Federal Government came in tonight to take over that S&L and that was not completed
the agreements were not completed, nonexecutory then it would be up to the government
as to whether or not they would honor the agreement. That issue exists, but if that
happens the City would not be in a position of nothing occurring. I think the City
is much more in the position that they could then be assured of what was going to
happen on this property and happen at a lesser density, not create traffic impacts
from the construction of the Expressway and trucks and fill going up and down and they
would know what is going to occur. I think that that is an issue that will go away
based upon time and operation if it does not go away the City will not have lost
anything because the operation, unless the government agrees to go forward, nothing
will change differently than what we're asking you to do tonight and if the government
does allow us to go forward then you are in the same position that we have asked you to.
But in any event if it has completed the licenses and easements are granted back and
forth between Winter Springs Development and the applicant, then its nonexecutory and
the government will not set it aside. So that's an issue I have heard from different
sources. I don't think that the issue will result in any manner under any circumstances
in an adverse result to the City. What the government is going to do I don't know. But
I know we all know what's occurred in the S&L industry. Its a fact we all have to live
with. It has been raised and we have decided to address it directly so everybody under-
stands it.
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But as to the applicant, the applicant is removed from that as to its assurances. Its
removed by a third party, a surety and an independent bonding company who in addition
to the applicant commitment you have the third party financial type institution standing
behind the obligation. I would suggest to you that the City does not have those type of
obligations secured by other developers doing other development projects for facilities
that are not being dedicated to the City. All these matters are being secured by a
third party and to give you all the assurance that you expect we understand the concerns
that have been raised. I think it is an extraordinary measure it is being done by a
developer and it is one the City can look to for assurances that they are going to get
what they've bargained for as far as approval we've asked for.
We have a number of drawings which we will be glad to show. I think all of you have seen
them.
These lakes when they are constructed and constructed in the manner that they are being
discussed and the protection of them from uses retention which avoids the dirty water
that's running off the lakes, these lakes will operate in a very high quality very
optimum of physical structure. These lakes most of the maintenance costs we're
talking about in bonding is mowing, mowing the grass, sides, etc. Also dollars
involved because part of the shore line is being mitigated for with SJWMD and DER.
Most of the cost has to do with mowing the grass. These lakes will function as lakes,
fish will be in them, plants will grow, all those type of things. They are being
designed in that manner, and they are being designed also aesthetically, that is, there
are areas around these lakes that have existing wetlands. There will be a natural shore-
line. It will not be cleared down to the edge shoreline with no natural type of scenic
or aesthetic look. Those lakes will be a very strong asset to this City and we would
ask that you consider our application favorably.
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We have a number of items which we have committed in a narrative form if anyone has any
questions, we would look forward to responding to those.
Regular Meeting, City Commission, March 23, 1992
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~ Commissioner Kaehler said this project was brought up before Christmas and I had
looked at it and thought how wonderful for the people who live in Tuscawilla to
reduce the density and to give them another recreational facility. I have really
really tried to make this project work in my own mind. I have done research that
you can't believe. I have gone to the agencies themselves. I have spoken to people.
I have spoken to experts. I have done personal research on this project trying to
make this project work. My job I felt was to weigh the benefits to the people who
live in Tuscawilla and the City against the potential risks, liabilities and cost
factors that are involved. After extensive research, after much searching for
answers, I just cannot approve something like this with a clear conscience.
Therefore, to cut a lot of, we can sit here and bounce this back and forth for the
next three hours and its not going to get us anywhere.
Motion was made by Commissioner Kaehler to deny the permit for the borrow pits.
Seconded by Commissioner Torcaso. Discussion.
Attorney Kruppenbacher said I need to tell you to the extent that particular motion
is challenged in court, there maybe an issue as to what is the basis for the motion.
Commissioner Kaehler said I thought that I made that clear. I have weighed the risk
factors vs. the benefits to the residents that live out there, and I feel that the
risk factors outweigh the benefits to the homeowners in Tuscawilla and I don't think
that I need to give anybody any other answer other than that. This is a policy
decision that this Commission makes, and I think that that is all that needs to be
said in this matter.
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Attorney Kruppenbacher said I am just advising you that that sounds very nice but as
your Attorney, the courts will look for specific details.
Commissioner Kaehler said if the individuals involved choose to take this to court
and choose to pursue this further, and they want detailed explanations I am sure
depositions can be put forth and those answers can be given at that time. I don't
think any answers that I give the parties right now are going to be sufficient to
them.
Attorney Kruppenbacher said what I am concerned is I am looking at a court reporter
three feet in front of me.
Commissioner Torcaso said this is a money making proposition for Winter Springs
Development Joint Venture and Sullivan Properties. They have on their own papers
here it says they are going to get a permit tomorrow from DER. They still haven't
got a permit from St. John's that I can see. They are going to run trucks six days
a week from 7:00 a.m. to 6:00 p.m. going to be running a pumping station 24 hours a
day. They are going to try to get permission from Cascell's property to put a well
on their property which I don't see anything where Cascell's property approved that.
I don't see any contract with Hubbard as to the Expressway and according to their own
paper, if they don't have a contract with Hubbard they can't sell the dirt any place
else. I go along very much in favor of denying this to Sullivan Properties.
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Mayor Kulbes said I agree with Commissioners Torcaso and Kaehler. As the attorney for
the applicant said it is strictly a business deal. Therefore the applicant has no
responsibility to the homeowners in Winter Springs or in that area and they have not
given any real assurances as to how they are going to protect the aquifer or the
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Regular Meeting, City Commisison, March 23, 1992
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wetlands, or the ground water. They have skirted the issue on many items for
instance, who is going to maintain the thing after they have completed and if
the City is going to maintain, I have estimates from Public Works will be about
$36,000 for the first year. There is no assurance the other residents of Winter
Springs will be allowed to use those ponds so all in all, it is strictly a business
deal and has no bearing on the future recreation areas for the citizens of Winter
Springs.
Commissioner Jonas said they have never come in here any time and say it was not a
money project. They found an opportunity that they felt was a good opportunity.
When a developer comes in and buys a piece of property to put 500 homes on it, you
think he's gonna put 500 homes on it to lose money? Its a money making deal, that's
why he's in the business. I think I have probably done as much research as Cindy;
I have talked to our Staff; there has never been any applicant who has presented any
project to this City that has completely 100% done everything in their power to
answer every question and concern that the City had. I had a meeting with the
engineer. They have done an outstanding job of trying to sell the project to the City.
Our engineers met with Seminole County engineers and their statement was there was no
way that they were going to go into the Hawthorn layer or effect the Hawthorn layer
in any way. I live in Tuscawilla, I live four houses away from one of the borrow pits
and to say that Tuscawilla is gonna be the only one in the City benefited, I don't
think is a proper statement. If this project goes through and is approved I have no
question in my mind and the vision that I can see for these lakes to be a tremendous
benefit not only to Tuscawilla but the entire City.
Commissioner Langellotti said I would like an explanation, I've been hearing a great
deal about this RTC. What happens if RTC comes in and takes over. Let's assume that
they do, two years from now, where does the City stand?
Attorney Kruppenbacher said I don't think anybody can give you that answer. That
legislation changes every year. I don't think anybody can guarantee you the answer
to that question.
Commissioner Kaehler said I'm not concerned if the developer makes $35,000,000 off
this project. I'm not even concerned if RTC comes in, what I have done is talk to
every expert that I could possibly talk to. When you have engineers, they disagree
on many occasions. The point is that we have experts from the applicants who are
telling us yes this project's going to work. I have had engineers tell me that
their drainage projects are going to work and some of you live in areas where the
drainage project didn't work. In addition there are other experts who disagree.
This is not 100% guaranteed project. I also went out and saw projects that have
failed. We had nice pictures of borrow pits that looked wonderful and everything
was working o.k. I went out and looked at some borrow pits that didn't work. Great
big holes in the ground, partially filled with water and mud, partially filled with
sand and a whole lot of weeds. I don't have any guarantees here. In addition we
have had experts in this City who have come in and drilled borings for wells; did
all of their drilling and then we went in to sink the well, and guess what, we couldn't
sink the well because Florida's geological setup varies so much from place to place.
We have an expert who said sink your well here, we paid for and he was wrong. The
experts that I talked to said this Hawthorn layer, once all the dirt is gone, the
water pressure from the aquifer could push through and at a meeting with St. John's
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Mr. Sullivan's engineer said yes that is a possibility, but we can tap it real
quick. All the water has to come from somewhere. There are no guarantees its not
going to lower somebody else's water someplace else. There are no guarantees.
They can't offer us any guarantees. Therefore, I have to weigh the risk factor vs.
the benefits, and I don't want to take that chance. This is not a frivolous decision.
This is after much much research and much discussion with the developer and their
attorneys.
Commissioner Donnelly said I agree with Commissioner Kaehler. Those of you who know
me know that I am fiercely protective of property rights but this evening I don't
know that that's an issue because the applicant is not a property owner in this
instance. We haven't seen a purchase contract or an option contract or anything to
suggest that the applicant has some stake in the future of this particular property.
One of the questions I have, we received the 21 count list of concerns that were all
answered quite agreeably. There was an agreement of a performance bond in the amount
of $905,000 dollars. If the project is not completed, is the City obligated to
complete the project? And what if we decide to use the money for something else, and
I see a tremendous legal exposure there. I have a question of Mr. Brown. You
mentioned there was another property owner who supported this project, would you
mind telling me who that is. Attorney Brown answered the Schrimsher property.
Commissioner Donnelly said there is another property owner directly across the street
just east of the Cascell property. A borrow permit has been applied for within the
last week to ten days from the County. I have here from the County tax office 1989
tax certificates that were satisfied December 1990 but at this time there are $100,976.13
in outstanding taxes on this property.
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My other question is we were presented with photographs of nicely completed borrow pits
and I would like to know if they were borrow pits actually completed by this applicant.
The gentleman representing Sullivan said they were not.
Commissioner Donnelly said I attempted to find out about past performance, (she had
photographs) and asked if this was a Sullivan Properties borrow Pit? Curry Ford Road on
the East/West. According to the director of Public Works Orange County this is a
Sullivan project and could not tell when if ever it would be completed. Mr. Fred
Drivdoll is the director or supervisor of Public Works.
Attorney Kruppenbacher said there was one question posed but no answer and that was
what would happen if the project was not completed and would the bond proceeds have
to be used to complete the project. If the project was not completed a bond is
posted to assure its completion; however, the City in terms of protecting the health,
safety and welfare would either have to say that's private property and leave the
condition whatever way it is or step in and solve the problem. And if you decide to
use the proceeds of the bond then the reality is you would have to be the intervening
entity or seek recourse against other private entities to get it done. Inevitably
it would end up with people in this room asking you to solve the problem.
Commissioner Kaehler asked does that bond contemplate the possibility of an artesian
situation and having to plug an artesian well or does that just contemplate a project
with no problems whatsoever? Attorney Kruppenbacher said it contemplates just com-
pletion of the project without any unforeseen problems, is that correct? Mr. Kozlov
answered correct.
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Regular Meeting, City Commission, March 23, 1992
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Commissioner Kaehler said in addition David, in your responses that you gave us, it
does state in here, this says that St. John's Water Management District has reviewed
all documentation and studies; David I submit to you that that's not true.
Attorney Brown said all of 14 has been reviewed; 15 is in the process of being
reviewed. It is the same system as 14 so that's the same on 14 as 15.
Commissioner Kaehler said Paragraph 9 what this says here, is that St. John's has
reviewed all documentations and studies, and sir they did not.
Attorney Brown said that does not say that they have issued the permit.
Commissioner Kaehler said but it does say that they have reviewed all documentation
and studies and they have not. I called St. John's today, and I asked them, Did you
go over all of the documentation and all of the studies? No ma'am we have not.
Attorney Brown - to St. John's
Commissioner Kaehler said to ST. John's; in addition on page 5 talking about the
Hawthorn formation it does say l4C and 15 respectively. (She read the paragraph)
I was told by St. John's today that they couldn't make that determination as yet
until they have looked over all the documentation and I really don't think its fair
that you have said something like that.
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Attorney Brown said I have a disagreement with you on that point. I think that that
information when you met with St. John's the key element is the boring and the depth
of the Hawthorn layer. That information was provided by Sims & Associates, provided
to St. John's; they indicated that if they felt that layer was a certain depth then
they did not feel it would be a problem. That's what those studies show.
Commissioner Kaehler said but sir that's not what you stated here. What you stated
here is that St. John's has looked over everything and has no problem and this infers
that they are ready to issue the permit which that is not the case.
Attorney Brown said on 14 they are ready to issue the permit.
Commissioner Kaehler said on 14 are the two smaller
Attorney Brown said its the same technical application.
Commissioner Kaehler said when I read this, and when I called St. John's today and
they told me that no they had not reviewed everything, and no they had not given their
blessings to 15 that upset me very badly. I can only take what I have written in
front of me and ask for verification.
Mayor said I think that we've discussed this a lot. I would move that the question
be called.
Vote on the motion: Commissioner Jonas, no; Commissioner Langellotti, aye;
Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye;
motion carried.
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Effluent Reuse System:
Terry Zaudtke, City's Consulting Engineer, showed a drawing of the projects. He
said the Central Winds Park will be fed by an additional 12 inch line from Site 16
to Central Winds Park. He said the project has been designed and is completed and
will be submitted to DER this week. He said the only holdup is there are two eagles
nests and he pointed to their location. The effluent should be out to Central Winds
Park by November.
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Mr. Zaudtke said we are going to use the existing pumping system and irrigation
system at Central Winds Park. In addition we have a design for irrigating portions
of the power easements.
Mr. Zaudtke said the City has kept active their loan application. The projects that
we are currently working on have been written using state documents so we can go for
a refunding if money becomes available.
Commissioner Kaehler said the whole object here is to get people to put effluent
water on their lawns and not drinking water. Discussion followed on using a hose bib
instead of a sprinkler system, and estimated costs for hookups. Manager Rozansky
said this would have to be looked at and a report will be given to the Commission.
Resolution No. 680 Cablevision:
Attorney Kruppenbacher read Resolution No. 680 by title only.
Motion was made by Commisisoner Torcaso to adopt Resolution No. 680. Seconded by
Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Langellotti, aye;
Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye;
Commissioner Jonas, aye; motion carried.
City Manager Richard Rozansky:
Central Winds Park/Scoreboards:
Motion was made by Commissioner Langellotti to accept the offer from Coca Cola.
Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner
Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; motion carried.
Police Vehicles/Markings:
Manager Rozansky said we are making some changes to the police cars. Chief Govoruhk
and Officer Sexton showed the Commission their model car.
Parade of Homes Signs:
Manager Rozansky said each year we allow the Parade of Homes to put up signs. The
signs are listed on the attachment which has been given to the Commission.
Manager Rozansky reported we are starting to negotiate our franchise ordinance with
Southern Bell.
Manager Rozansky spoke about the letter from the School Board regarding impact fees.
He said he was going to tell the School Board he is going to set the same criteria
for fees for the Board as we do for the City fire, police and transportation and that
they have to be vested.
Manager Rozansky spoke about the letter from the Tax Collector regarding Seminole
County's ability to get the garbage on the tax rolls; we have not been able to find
a letter from Cablevision regarding the change in the law in reference to the franchise
fee; regarding the vesting ordinance, we have contacted the Florida League of Cities
and they have sent a couple small ordinances.
Attorney Kruppenbacher reported the Judge has appointed Judge Edwards as mediator for
the Mikes Golf Course lawsuit. He said we will be readvertising the tabled ordinance
for the Comprehensive Plan for April 13th.
.
.
.
Regular Meeting, City Commission, March 23, 1992
Page 11
91-92-12
Commission Seat II - Don Jonas:
No report.
Commission Seat III - John Langellotti:
Commissioner Langellotti suggested we have an audit of our health insurance. He
said we should start the evaluation process of the City Manager.
Commission Seat IV - Terri Donnelly:
Commissioner Donnelly spoke about the letter from Parker Brothers and asked that the
Commission not consider hiring Districting consultants.
Commission Seat V - Cindy Kaehler:
Commissioner Kaehler spoke about Cablevision. She said Cablevision told her that all
the cities were sent letters regarding the option to choose the 5 or 7% franchise fee.
Commissioner Kaehler said she has asked for a copy of that letter from Cablevision
and also a copy of their audit procedure that is available to cities, but as yet has
not received either one.
Commissioner Kaehler said she has asked Attorney Kruppenbacher to look into allegations
of violations of the personnel policy by a former city employee. Attorney Kruppenbacher
said he is waiting for a response from Attorney Brown, and Commissioner Kaehler asked
that we have the report by next meeting.
Commission Seat I - John V. Torcaso:
Commissioner Torcaso spoke about the Cablevision Ordinance and changing it to 5%.
He suggested raising the percentage the City donates to employees on the Pension Plan
from 4% to 8%.
Mayor's Office:
Mayor Kulbes spoke about a
to hurricane preparedness.
Deputy Fire Chief.
meeting Seminole County will be having in May in reference
Fire Chief Tim Lallathin introduced Dave O'Brien as
Meeting was adjourned at 10:00 p.m.
Respectfully submitted,
~r~
Mary T. Norton,
City Clerk
Approved:
,MAYOR