HomeMy WebLinkAboutRe Holiday Inn - Sanitary (23)Yes Sir.
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On Mar 19, 2018, at 7:25 AM, David Greene
<D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> > wrote:
DD, Let’s talk!
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________________________________
From: Jean Abi-Aoun <JAbiAoun@feg-inc.us
<mailto:JAbiAoun@feg-inc.us> >
Sent: Friday, March 16, 2018 5:54:51 PM
To: David Dickey; lwitwicky danielcorporation.com
<http://danielcorporation.com>
Cc: glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ;
Daniel Esden; Anthony Garganese; David Greene; John Pekar; Todd Morley;
Jeff Ratliff; Joshua Surprenant
Subject: RE: Holiday Inn - Sanitary
David;
Thank you for your response.
As you know FDOT does not allow any private line within their
r/w. That is why we agreed early on to have the City be the owner and
FDOT staff was clear on this issue at the pre-app meeting. We were
discussing the maintenance agreement with the City back in February of
2017 over a year ago. I do not want to speak on Laila’s behalf with
respect to the maintenance agreement but I would ask what assurances
would satisfy the City from future liability as the owner of the force
main. If you have standard conditions that are acceptable to the City
it would be good to share so they can be a starting point of discussion
if this is the route to pursue.
David; on the other hand, I still do not know why the City
cannot require a public sewer easement on the LBA property to be
effective immediately not in three years. We run into this type of
request from different municipalities all the time. They request r/w
dedication, drainage easement, utility easement dedication and they make
it a requirement for approval if they deem this request to be in the
public interest. We are basically landlocked when it comes to sewer ,
unless we build a long main along A1A which would be very expensive and
from your email it would not be the City’s preferred route. There is
an opportunity for the City to resolve this issue by requiring a public
easement along the LBA property to be effective now so the City would
end up with the sanitary system it likes to see built (Gravity system as
you indicated in your previous email). I would appreciate a response
to this item so at least we know what is preventing the City from making
such requirement and justify a major expense on my client’s end to
construct a 1,600 foot long force main to the RaceTrac gas station along
A1A.
I believe a meeting would be beneficial to resolve this matter.
Please let us know if you can meet next week.
Regards
Jean Abi-Aoun, P.E., Vice President, LEED® AP
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5127 S. Orange Avenue, Suite 200
Orlando, Florida 32809
Phone: (407) 895-0324
Fax: (407) 895-0325
Email:jabiaoun@feg-inc.us <mailto:fjabiaoun@feg-inc.us>
Web: http://www.feg-inc.us <mailto:fjabiaoun@feg-inc.us>
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From: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
Sent: Friday, March 16, 2018 4:59 PM
To: lwitwicky danielcorporation.com
<http://danielcorporation.com> <lwitwicky@danielcorporation.com
<mailto:lwitwicky@danielcorporation.com> >; Jean Abi-Aoun
<JAbiAoun@feg-inc.us <mailto:JAbiAoun@feg-inc.us> >
Cc: glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ;
Daniel Esden <desden@danielcorporation.com
<mailto:desden@danielcorporation.com> >; Anthony Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; David
Greene <D.Greene@cityofcapecanaveral.org
<mailto:D.Greene@cityofcapecanaveral.org> >; John Pekar
<johnpekarpe@gmail.com <mailto:johnpekarpe@gmail.com> >; Todd Morley
<T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> >; Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org
<mailto:J.Ratliff@cityofcapecanaveral.org> >; Joshua Surprenant
<J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> >
Subject: Holiday Inn - Sanitary
Hi Laila. Thanks to you and Jean for your responses to my email
from yesterday regarding the sanitary issue with Holiday Inn.
As both of you point out, there are challenges related to the
options in my email. However, it should be noted that the City had
previously entertained discussions with Daniel Corp. to allow the
installation of a pressurized line to serve Holiday Inn. At that time
you were not willing/able to provide, to the City’s satisfaction,
assurances that the City would be held harmless from future liability.
The bottom-line is that the City is not in the position to own and
operate a 1600’ private, pressurized sanitary line - going under
Astronaut Boulevard - that serves one property.
If you can reach an agreement with the FL Department of
Transportation for you to install, own and operate this line, we can
further discuss. Or if you can provide, to our satisfaction, that the
City will not be liable – financially or otherwise – we can discuss.
Let me know how you would like to proceed. Dave
<image007.png>
David Dickey
Community Development Director
d.dickey@cityofcapecanaveral.org
<mailto:d.dickey@cityofcapecanaveral.org>
321-868-1220 Ext 118 321-868-1248 fax
100 Polk Avenue. / P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
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communication created or received by the City of Cape Canaveral
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media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
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