[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6587657,"mediaKeyId","5563704-8a1b45bcb4a5ef9eeb44ffa1511b1130","parentId",5563704,"title","Winter Springs commission rescinds prior action, reinstates $227,400 arbor fee for Blake Commons project after extended debate","audioSeconds",2268,"startMs",4354000,"endMs",6622000,"viewUrl","/Search/View?dp=1&key=5563704-8a1b45bcb4a5ef9eeb44ffa1511b1130&start=4354&end=6622","thumbnailUrl","https://assets.pipeline.soar.com/5563704-8a1b45bcb4a5ef9eeb44ffa1511b1130/thumbnail_4354000.jpg","articleUrl","/articles/6587657/Winter-Springs/Seminole-County/Florida/Winter-Springs-commission-rescinds-prior-action-reinstates-227400-arbor-fee-for-Blake-Commons-project-after-extended-debate","mediaUrl","https://secure.pipeline.soar.com/6587657-788da1a2ebc05f988cbd7deeb8c6ff08/orig.mp4?Expires=1776153742&Signature=LxvswWbZkOAhgXV3fCc4rWJDldw0THgmgm5RbMptaol20iIbzGS1BJniAEC-~ncE4Gnk-XZ8fLhMFzJ6pBp8~2FIVseg6OrSF1YwoUBcPgktq4-JNwD6UNY9BE5UxWkkLd-vKjgexDMrycOSR9HyNnXExq3nGrSQ6giwIQ87etBFTn~pXtUv52kxxncNyewXWt5kFBktBzgxE4viznIgukavmq4rBCNhFowjVQGBSgAXMTOQy55lxk2648SBbFiHYSGDs4gskCWN5~RRPLuEQiRAVg3pM5leSLeHELjY-3z9fcXY0uHtEVVadoi5exrUTIXVLlH3YrdknYHFucA5DA__&Key-Pair-Id=KUT5TJCACFTXG","author","Winter Springs","date","2025-08-11T18:31:00Z","article","Winter Springs — The City Commission voted 4–1 on Aug. 11 to rescind its earlier action and reimpose a $227,400 arbor mitigation fee on the Blake Commons / Seahawk Cove development in a contentious discussion that centered on contract language and whether past agreements covered tree mitigation for the entire development or only an initial phase.

Deputy Mayor Cade Resnick moved to rescind the commission’s prior decision and restore the original arbor fee amount of $227,400; Commissioner Sarah Baker seconded. The motion passed with Resnick, Baker, Commissioner Mark Caruso and Mayor Kevin McCann voting in favor and Commissioner Victoria Bruce opposing.

The item — listed as agenda item 500 — grew into an extended debate over documents dating back to a 2015 developer agreement and a first modification dated 2017. Developer representatives, including Paul Partika of NAI Realvest (project broker), land‑use attorney Allison Jones and project manager Clayton Cheek, argued the agreements, taken together, show the developer satisfied obligations and that an adjusted arbor fee had already been calculated and paid for the project. Jones, who represented the developer in drafting and negotiating the agreements a decade earlier, invoked Florida contract‑interpretation law and the parol evidence rule, saying that when an agreement is reduced to writing, extraneous prior communications cannot be used to change an unambiguous contract.

\"When a contract is reduced to writing, it subsumes all other agreements,\" Jones said, arguing the documented development agreements govern the matter and that a court would enforce the written terms. Partika read excerpts from the development agreement and a subsequent modification to show obligations tied to the town‑center project, including a master stormwater retention facility and roadway improvements that were negotiated as part of a larger 45‑acre project area.

City staff, several commissioners and members of the public disagreed on how to read the documents. City Attorney Anthony Garganese told the commission the contracts present an interpretation question: the presence of recitals and overlapping language can create ambiguity that would allow extraneous communications to be considered in court. Garganese said that ambiguity would expose both sides to litigation risk and potentially to an award of attorney fees to a prevailing party under the contract.

Public commenters were divided. Environmental advocates and residents urged stricter mitigation and challenged the city to require the developer to demonstrate mitigation steps beyond paying into an arbor fund, while others urged commissioners to respect the negotiated agreement or noted the developer's past contributions to public infrastructure.

Commissioners described the packet of documents the city received in the days before the meeting as substantial; some members said additional time to review would have helped, but a majority opted to proceed with the matter that night. During the debate the commission discussed an escrow agreement and whether required documents (a letter of credit or performance bond and an initial development agreement) had been delivered, and staff said the city had received the signed escrow agreement and payments but was missing two security documents required by the escrow.

Background presented during the hearing noted the original development agreement and its first modification contained language about a \"project\" (variously defined) and a property legal description. The developer read provisions stating the final adjusted arbor fee for the project had been set and, in some calculations in the record, referenced amounts that developers and staff previously exchanged. During the meeting staff and developers cited payment entries: $16,160 paid 03/24/2017 and $133,500 paid 10/19/2018 (dates and amounts discussed in the meeting record).

After commissioners voted to rescind and reinstate the $227,400 arbor fee, the commission moved on to other business. The decision does not itself settle all contractual disputes: city staff and legal counsel signaled that interpretation differences could lead to further review, and the commissions' action reopens the specific fee determination for the project based on the motion it approved.

Speakers

- Paul Partika — NAI Realvest, project broker and project representative for the developer (presenter)
- Allison Jones — Land‑use attorney for the developer (presenter)
- Clayton Cheek — Project manager for the developer (presenter)
- Kevin McCann — Mayor, City of Winter Springs (presiding)
- Cade Resnick — Deputy Mayor / Commissioner (mover of motion)
- Sarah Baker — Commissioner (seconded motion)
- Victoria Bruce — Commissioner (voted no)
- Mark Caruso — Commissioner (voted yes)
- Kevin Sweet — City Manager (staff)
- Anthony Garganese — City Attorney (legal advice)
- Public commenters: Michael Lincoln McCrae; Jesse Phillips; Gina Schaeffer; Leah Turnbull Jones; Nick Berg; R. Gallo; Leah Wiseman and others (public input)

Authorities referenced

- Development Agreement (City of Winter Springs & developer) — dated March 10, 2015 (referenced in meeting documents)
- First Modification of Development Agreement — dated Jan. 9, 2017 (referenced in meeting documents)

Actions

1) Rescind prior action and reinstate arbor fee of $227,400 for the Blake Commons / Seahawk Cove project
- kind: motion
- motion: \"Rescind the original vote and reconsider the original document to set the arbor fee at $227,400 as presented.\"
- mover: Deputy Mayor Cade Resnick
- second: Commissioner Sarah Baker
- vote_record: [{\"member\":\"Deputy Mayor Cade Resnick\",\"vote\":\"yes\"},{\"member\":\"Commissioner Sarah Baker\",\"vote\":\"yes\"},{\"member\":\"Commissioner Mark Caruso\",\"vote\":\"yes\"},{\"member\":\"Mayor Kevin McCann\",\"vote\":\"yes\"},{\"member\":\"Commissioner Victoria Bruce\",\"vote\":\"no\"}]
- tally: yes 4, no 1, abstain 0, absent 1 (Commissioner Paul Diaz absent), recused 0
- legal_threshold: {\"met\":true,\"notes\":\"Simple majority required; motion passed 4–1.\"}
- outcome: approved
- notes: The motion recalibrates the arbor fee for the project based on the commission vote; developers contested the legal interpretation of the contract language during debate.

2) Procedural actions recorded earlier in the meeting
- Consent agenda approved (motion by Deputy Mayor Resnick, second by Commissioner Baker); vote unanimous.
- Second reading/adoption: Ordinance 2025‑12 (city commission rules and procedures) adopted on second reading; vote unanimous.
- Second reading/adoption: Ordinance 2025‑13 (conveyance of easement to Duke Energy for feeder‑hardening) adopted on second reading; vote unanimous.

Clarifying details

- Payments discussed in the meeting record: $16,160 (03/24/2017) and $133,500 (10/19/2018) were cited in the packet/record as amounts that moved through city accounts; the engineer/attorneys discussed several different arbor fee calculations in prior correspondence and attachments to the agenda packet.
- Developer obligations referenced: conveyance of a 2.2‑acre parcel and construction of collector roads/roundabout and master stormwater facilities on broader property were cited as part of the negotiated developer agreements.
- Escrow: Staff confirmed an escrow agreement was signed and payment received but said the city had not yet received a letter of credit or performance bond that the escrow required.

Proper names

- Blake Commons (project name)/Seahawk Cove (project extension name)
- NAI Realvest (broker)
- Kimley‑Horn (consultant referenced elsewhere in meeting)
- Raftelis (rate study consultant referenced elsewhere in meeting)

Community relevance

- Geographies affected: Town Center / Michael Blake Boulevard corridor; residents near the 6.45‑acre initial phase and the broader 45‑acre property footprint
- Impact groups: nearby residents, future tenants and patrons of the proposed development, tree‑canopy advocates and environmental stakeholders
- Funding sources: developer funds, city impact‑fee credits cited in documents

Meeting context

- Engagement level: high — long public input period, developer legal presentations and sustained commissioner discussion; item generated an extended public presence and media attention during the meeting.
- Implementation risk: medium to high — legal ambiguity noted by the city attorney could result in further review or litigation and potential attorney‑fee exposure under contract language.
- Historical continuity: issue traces to 2015 development agreement and a 2017 modification; multiple exchanges among staff, developers and the commission occurred over the decade.

Searchable tags: [\"arbor fee\",\"Blake Commons\",\"Seahawk Cove\",\"development agreement\",\"tree mitigation\",\"contract interpretation\",\"escrow\"]

Provenance

- topicintro: {\"block_id\":\"b-4354\",\"local_start\":0,\"local_end\":120,\"evidence_excerpt\":\"That brings us then to the regular agenda and, really the final big, topic of the evening. How shall we begin?\"}
- topfinish: {\"block_id\":\"b-9480\",\"local_start\":0,\"local_end\":120,\"evidence_excerpt\":\"And the motion passes. I for anyone wondering why we're giggling, I called commissioner Baker, commissioner Bacon 1 time, months ago, and it kinda keeps coming around.\"}","mediaType","Video","parentTitle","Winter Springs - City Commission","oneSentenceSummary","After hours of public comment and legal arguments about contract interpretation, the commission voted 4–1 on Aug. 11 to rescind a prior decision and reimpose a $227,400 arbor fee for the Blake Commons/Seahawk Cove development; the vote followed competing interpretations of 2015 and 2017 development agreements.","taxTitle","Winter Springs, Seminole County, Florida","taxId",52833,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6587662,"Winter Springs details 14 stormwater projects, seeks master plan and grants ahead of hurricane season",1741,258000,1999000,"/Search/View?dp=1&key=5563704-8a1b45bcb4a5ef9eeb44ffa1511b1130&start=258&end=1999","https://assets.pipeline.soar.com/5563704-8a1b45bcb4a5ef9eeb44ffa1511b1130/thumbnail_258000.jpg","/articles/6587662/Winter-Springs/Seminole-County/Florida/Winter-Springs-details-14-stormwater-projects-seeks-master-plan-and-grants-ahead-of-hurricane-season","https://secure.pipeline.soar.com/6587662-928b3b234d0ac8f2337aabe3c0693891/orig.mp4?Expires=1776153742&Signature=k7XArcKEE~jt6jEDeHjXEdV9B78Qtk~M5sME8G6o1RtJUsBQVz40AnFBkHcTlOa9ViS6MS8UiPD0XMnm4OVKp9m3osYYNotjfezK0E1h6QL2cAlX2FmNrztEqrcwopl-dsg~67A1juz-DDuzTOgxS7A2JiijI8~0Ns1G6ue1fj7xIjsfxE1wt9ImOfc7qSHTuVCssAct2OaxpAO~8jOo9XV40swabx9rPWmg842-lv72Z8AeCeGtA4ovn5PxEtiTuhZ4VomeTkEtwClHK39ad8j2kl60GN6bn~XL2gSPtMLien-L5RplxNtgb~pRpE43hKOgqa05iGTbLWWTZISpag__&Key-Pair-Id=KUT5TJCACFTXG","Winter Springs — The City of Winter Springs held a detailed briefing on Aug. 11 on 14 stormwater projects the city and its consultants have advanced since Hurricane Ian and more recently Hurricane Milton, a presentation that included project timelines, grant funding updates and steps toward a citywide stormwater master plan.

The briefing, delivered by David Hamstra, stormwater consultant with Pegasus Engineering, and introduced by Clete Saunier, the city’s director of public works and utilities, covered recently completed work, ongoing construction and state and federal grants the city has pursued to pay for repairs and mitigation. \"Our goal obviously is not to start construction in the summer,\" Hamstra said, describing plans to advertise bids this fall for a major repair and to take advantage of the dry season.

The items discussed matter because Winter Springs continues to recover from repeated hurricane damage and officials say sustained investment will be required to reduce flood risk to neighborhoods, public facilities and utilities.

Hamstra said the city will focus this year on projects tied to Hurricane Ian and follow-up funding from NRCS after Hurricane Milton. A top near-term project is at Tuscula Crossings, where an August 31 structural failure two years ago emptied a retention pond into nearby wetlands and Lake Jessup. Hamstra said the current engineer's estimate for full repairs is \"just a tad above $2,000,000.\" Pegasus has secured required permits from the St. Johns River Water Management District and expects to advertise for construction bids within weeks, with construction slated to begin in October or November and to take about nine months if weather allows.

Other completed or near-complete work Hamstra outlined includes a $750,000 bank stabilization and sheet‑pile wall at Gee Creek and Moss Park, multiple culvert and sediment removals identified after Ian, and localized drainage fixes such as a recent East Tradewinds swale installation. Hamstra said NRCS-funded debris removal tied to Milton is under way and that the city was able to add additional ponds and outfalls to sediment‑removal plans after coming in under budget on an earlier round of work.

Hamstra and Saunier also summarized three Hurricane Ian projects that are approved at the state level and awaiting FEMA execution: acquisition of one home, elevation work on three houses and flood‑proofing work for 12 sanitary sewer lift stations. Hamstra said state approvals are complete and the agreements are \"sitting on FEMA's desk,\" a delay he attributed to federal processing.

The briefing addressed several neighborhood‑level projects: Deer Run Pond (modifying a control structure so the lake can be drawn down without temporary boards or PVC tubes), Bear Creek Estates/Northern Way (severing an older private drainage tie and routing runoff directly to Howell Creek with a new outfall and water‑quality structure), and smaller in‑town replacements such as a corrugated metal pipe behind City Hall that was replaced with a 36‑inch HDPE pipe.

Hamstra and Saunier outlined grant programs the city is watching — Community Development Block Grant‑DR (HUD), Elevate Florida (state mitigation), St. Johns grants and others — and explained that many programs prioritize low‑ and moderate‑income areas or have other eligibility limits. Saunier flagged a new state program, Elevate Florida, that offers one‑on‑one assistance to homeowners for buyouts, elevation or reconstruction.

On the master plan, Saunier said consultant Kimley‑Horn is finalizing identified drainage projects and cost estimates for each watershed, but that the city is waiting for Seminole County’s Howell Creek study to avoid presenting a bifurcated plan. The originally scheduled timeline calls for a draft master plan by Sept. 29, a public workshop Oct. 1, final report and commission adoption on Oct. 13 and a concurrent stormwater rate study presentation by Raftelis with a target of Oct. 27 to finalize rates. Saunier cautioned the schedule may slip depending on when the county study is delivered.

Commissioners pressed staff on sequencing of the master plan and the stormwater rate study. Deputy Mayor Cade Resnick said the commission should hold a separate workshop on the rate study before adopting a plan that will carry cost implications for residents. Saunier and city manager Kevin Sweet said the intent was for commissioners to first review the prioritized project list and costs, then have Raftelis model rate options for a phased approach.

Commissioners and Hamstra also discussed ongoing documentation and inspections for NRCS and FEMA work. Commissioners asked whether the city was conducting before‑and‑after inspections and video documentation for contractors performing debris and sediment removal. Hamstra and staff confirmed NRCS requires photographic and video documentation and said staff will pursue additional field verification where contractors have completed work.

Commissioners highlighted staffing and long‑term funding concerns. Commissioner Victoria Bruce and others said stormwater will require decades of attention and additional city staff and equipment. Saunier acknowledged the need to consider staffing and capital equipment alongside capital projects and funding strategies.

Where it stands now: Pegasus and staff will finalize bid documents for projects under design, NRCS sediment work will begin after a pre‑construction meeting, state‑approved FEMA projects are awaiting FEMA execution, and Kimley‑Horn will present a draft master plan once it can incorporate the county's Howell Creek study. Commissioners asked staff to schedule an additional workshop on the rate study before adoption.

Speakers

- David Hamstra — Stormwater consultant, Pegasus Engineering (presenter)
- Clete Saunier — Director, Public Works and Utilities, City of Winter Springs (presenter/introducer)
- Kevin McCann — Mayor, City of Winter Springs (presiding)
- Cade Resnick — Deputy Mayor, City Commissioner
- Victoria Bruce — Commissioner
- Sarah Baker — Commissioner
- Mark Caruso — Commissioner
- Kevin Sweet — City Manager
- Kimley‑Horn (consultant referenced)

Authorities referenced

- National Resource Conservation Service (NRCS) — federal erosion and sediment funding (referenced by Pegasus)
- Federal Emergency Management Agency (FEMA) — Hazard Mitigation/mitigation projects (referenced by Pegasus)
- St. Johns River Water Management District — permitting authority for wetland/water management issues (referenced by Pegasus)

Actions

- Staff to advertise Tuscula Crossings repairs for construction bids (engineer estimate ~ $2,000,000); target construction to begin in October/November 2025, contingent on weather.
- Staff to continue NRCS‑funded debris and sediment removal projects (Milton/Ian funds) and complete required before/after documentation.
- Staff directed to pursue a state lease option for Wetland Park design revisions to reduce wetland impacts and secure permits.
- Kimley‑Horn to finalize master plan draft when county Howell Creek study is delivered; city staff to host a stormwater workshop and coordinate Raftelis rate study presentations per updated schedule.

Clarifying details

- Tuscula Crossings: current engineer estimate \"just a tad above $2,000,000\" (Pegasus); emergency temporary fill placed June last year; plan to replace with sheet‑pile wall.
- Gee Creek/Moss Park repair: ~$750,000 (NRCS funded) for sheet‑pile wall and armoring.
- Hurricane Ian FEMA projects: acquisition of 1 home, elevation of 3 homes (homeowners provided 25% match for some), flood‑proofing of 12 sanitary sewer lift stations; state approvals received, FEMA authorization pending; city match for lift‑station work currently estimated at $1,100,000 (subject to bid results).
- City has roughly 73 ponds; long‑term pond sediment maintenance funding remains unresolved.

Community relevance

- Geographies affected: Tuscula Crossings area, Gee Creek/Moss Park, Deer Run Pond, Bear Creek Estates, Howell Creek watershed, Lake Jessup, citywide stormwater system (45‑acre town‑center watershed referenced)
- Impact groups: residents living in flood‑prone neighborhoods (roughly \"350 homes\" flooded during Hurricane Ian was cited during discussion), homeowners adjacent to ponds/creeks, sewer lift‑station service areas
- Funding sources discussed: NRCS grants, FEMA HMGP (pending), state Elevate Florida, CDBG‑DR/MIT (HUD), St. Johns River grants, city match funds

Meeting context

- Engagement level: multiple commissioners engaged in detailed Q&A; presentation lasted ~30–45 minutes with extended Q&A and public comment later in the meeting.
- Implementation risk: medium — several projects depend on securing and executing federal/state grants and on timing of county watershed study.
- History: many projects began after Hurricane Ian and continued through post‑Milton work; Kimley‑Horn has been working on the city's master plan for months and will incorporate county studies where available.

Searchable tags: [\"stormwater\",\"flooding\",\"Tuscula Crossings\",\"Gee Creek\",\"NRCS\",\"FEMA\",\"Kimley‑Horn\",\"stormwater master plan\",\"Lake Jessup\"]

Provenance

- topicintro: {\"block_id\":\"b-258\",\"local_start\":0,\"local_end\":200,\"evidence_excerpt\":\"Thank you, mayor McCann, city commissioners. I'm Clete Saunier, the director of public works and utilities. And it's my privilege tonight to introduce to you the city stormwater management consultant, David Hamstra with Pegasus Engineering.\"}
- topfinish: {\"block_id\":\"b-1979\",\"local_start\":0,\"local_end\":200,\"evidence_excerpt\":\"I went as quick as I could, so we can ask questions and let you all resume your evening business.\"}","City staff and consultant Pegasus Engineering briefed the commission on 14 stormwater projects — from Tuscula Crossings repairs to creek dredging — described grant funding, a pending master plan and a proposed timetable for a rate study and public workshop.","actionData","errors"]

Article not found

Winter Springs commission rescinds prior action, reinstates $227,400 arbor fee for Blake Commons project after extended debate

Winter Springs details 14 stormwater projects, seeks master plan and grants ahead of hurricane season