PORTER COUNTY PLAN COMMISSION

Regular Meeting
April 25, 2007

M I N U T E S

    The regular meeting of the Porter County Plan Commission was held on Wednesday, April 25, 2007 at 6:30 p.m. in the Porter County Administrative Center, 155 Indiana Ave., Suite 205, Valparaiso, Indiana.

    Those members present were Rick Burns, Tim Cole, Robert Detert, Commissioner Bob Harper, Todd Hutson, Elizabeth Marshall, Herb Read, Rita Stevenson and Kevin Breitzke, President.  Staff members present were Robert W. Thompson Jr., Attorney Scott McClure, Patricia S. Gibson and Fred Siminiski.

    Mr. Burns moved to continue the reading of the April 11, 2007 minutes.  Mr. Hutson seconded the  motion, which carried on a unanimous voice vote.

Old Business:

    Case 07-P-1.  Cherry Hill Development, LLC, 356 N. 250 W., Valparaiso, Indiana seeking primary plat approval for Cherry Hill Subdivision to be located at 356 N. 250 W. in Union and Center Township, Porter County, Indiana. (To contain 232 lots on 161.28 acres. Property is zoned R-1. Con’t from 4-11-07 mtg.)

    Mr. Thompson stated Cherry Hill Development has a request to continue this.

    Bill Ferngren stated we are still working with DLZ and there are some items on the drainage report that still need to be addressed.

    Mr. Detert moved to continue Case 07-P-1.  Mr. Hutson seconded the motion.

    Commissioner Harper stated we were given a document and there were about 30 things that DLZ was requesting. It is my understanding that there has been a second document that has been generated that has 13 left.  Is this correct?

    Mr. Thompson stated that is correct.

    Commissioner Harper asked do we have a copy of this.

    Mr. Breitzke stated it just got released and that is why they are asking for a continuance.


    Commissioner Harper stated I would like to get a copy of that.

    Mr. Thompson stated I will get a copy to each Commission member.

    Commissioner Harper stated DLZ is working this process in a lot of the other cities and towns and counties.  I want a report back here if we make any requests if they change their process or cut any corners or take any of their steps out.  I want to know about that.  In other words, I don’t want to see us, in order to expedite matters, ask them to do any less than what they do in any other city or town that they work in.

    Mr. Detert requested to remove his first motion.

    Mr. Detert moved to table Case 07-P-1. Mr. Hutson seconded the motion, which carried on a unanimous roll call vote.

    Case 04-MP-1.  Petition of the Porter County Plan Commission, 155 Indiana Avenue, Suite 311, Valparaiso, Indiana for amendments to the proposed Unified Development Ordinance.

    Mr. Thompson stated there were two items as far as the amendment with the Commissioners motion.  The first one is a text amendment within the document.  It was requested that the agricultural items as far as being able to farm in all zoning districts be added to it. The sell of agricultural products, the raising of livestock be added to all of the districts.  This has been done.  Also, a map amendment that came about, which is in the area of 875 N. and McCool Road, the Robbinhurst Golf Course and the surrounding properties.  The Commissioners requested that the zoning be changed to what the petitioners were requesting in what was in prior to this proposal.  The Robbins family is sitting here and it is their parcel of land in this area. They requested instead of being the original residential zoning that was proposed that it go back to the I-1 zoning.  The Commissioners accepted that.

    Mr. Burns moved to approve the amendments for Case 04-MP-1.  Mr. Detert seconded the motion, which carried on a unanimous roll call vote.

    This case will be heard by the County Commissioners on May 1, 2007 at 6:00 p.m.

Old Business:

    Case 07-P-2.  Petition of DBL Development, LLC, 215 S. 75 E., Valparaiso, Indiana seeking primary plat approval for

Aborview Industrial Park to be located on the East side of CR 325 E., approximately .31 miles North of Evans Rd. in Washington Township, Porter County, Indiana.

    Steve Hardin, attorney for the petitioner DBL.  Also present were Larry Bucher, John Sturgill and Randy Peterson. Changes were made to the covenants. At this time, Mr. Hardin submitted the covenants to the Plan Commission attorney.

    Mr. Burns moved to approve Case 07-P-2 with the added statement that says, “All representations made by the petitioner verbally or written must be adhered to.  If they are not adhered to the Plan Commission shall reserve the right to rescind the approval given.”  Mr. Detert seconded the motion, which carried on the following ballot vote:

    Burns   -    Yes   Cole      -   Yes    Detert    -   Yes
    Harper  -    Yes   Hutson    -   Yes    Marshall  -   Yes
    Read    -    Yes   Stevenson -   Yes    Breitzke  -   Yes

New Business:

    At this time, Mr. Breitzke read the rules of conduct for a public hearing.

    Case 07-P-7.  Petition of Fred Abel, 61 N. Carmen Drive, Valparaiso, Indiana seeking primary plat approval for Stonewood Subdivision to be located at 386 W. 100 N., in Union Township, Porter County, Indiana. (Property is zoned RR. To contain 45 lots on 80 acres.)

    Present were Bill Ferngren, the attorney for the petitioner, Don Bengel, the engineer for the project and Fred Abel, the subdivider.

    Mr. Bengel stated this site is composed of 80 acres on the south side of CR 800 N. and west of Rolling Meadows Subdivision. Main access will be off of CR 100 N., which at the side point there is also a proposal for a subdivision on the north side and since they are coming in together those roads lines up. This is Parker Drive. The other existing access would be 52 North in Rolling Meadows Subdivision. The line between Rolling Meadows and Stonewood is a high point so the water will go both ways.  There will be seven (7) parcels of land for the open space.  There is an existing wetland, Parcel C, in the middle of the subdivision on the west side.  There is a wooded area up in the northwest corner. Most of the open space would be recreational.  Pond A will be a dry pond, which could be used for recreation. Thornwood Drive will extend to the west.  Corralwood Lane would go to the


parcel marked Jesse.  This is well and septic.  Appeared before the Drainage Board on March 12, 2007 and accepted this subdivision as a regulated drain. The fire department asked for dry hydrants and the developer agreed to that. There will be two of them, one between lots 30 and 31 to serve the south area.  The other will be between lots 37 and 38 to serve the north area. There was a question about field tile.  There is a note stating, “Any field tile encountered in construction of homes or roads shall be connected around the homes and not capped.  The roads shall be connected to a storm sewer.”  Some water will go to Pond C and most of the drainage goes to Parcel A, which will be the main pond.  That in turn will go across and empty out between lots 44 and 45 into the large ravine.  The water flows north to a defined big ravine on the north side of the road. The pipe that carries the water up there is 24-inches on the south side and it is 36-inches on the north. “No access easements” were added around Parcel A where it fronts on CR 100 N. and “no access” from Parcel B to CR 100 N.  There will be walking and drainage easements to get to all of the open spaces.  There will be written verbiage on the final plat.

    No one spoke in favor of this petition.

    Dennis Bogs, 65 Carmen Dr.  Mr. Bogs’ major concern is the connectivity to Rolling Meadows. He wants to keep this rural.  Concerned about the condition of CR 100 N. and the traffic.

    Randi Scannell, 388 W. 100 N.  Mrs. Scannell’s concern is the drainage and the wetland on her property. She also wants to be assured that with all the new homes going in they won’t have a problem farming their property.

    Mark Kilgore, 54 N. 325 W.  Mr. Kilgore’s concern is the drainage. He would like to know who is responsible for the pond when it doesn’t work.

    Paul Rainford, 58 N. Carmen.  Mr. Rainford’s concern is the drainage and the connectivity to Rolling Meadows.

    Mr. Ferngren stated there have been a number of concerns about the connectivity to Rolling Meadows.  The Highway Department through the Advisory Committee has asked that this connection be provided. Rolling Meadows is a more dense subdivision than the proposed subdivision. In respect to CR 100 N. the road agreement that is part of the subdivision approval will be entered just like it is on a routine basis for other subdivisions.  Concerning the maintenance of the drainage system within this subdivision this has been before the Drainage Board and they accepted this drainage system as a regulated drain.


There will also be a Property Owners Association in place.

    Mr. Bengel stated you may get more traffic but I don’t think you will get any more drainage. The drainage along Rolling Meadows goes north and then it heads out.  There are ponds in that area. This will improve the drainage in Rolling Meadows.  Mrs. Scannell spoke about the wetland, which is also on Stonewood Subdivision’s property. At the suggestion of Mr. Breitzke, we put in an emergency overflow that will come back 784 for a maximum elevation. Once it gets that high we can pick it up from the pond and take it back to Maxwell Street and down into our pond.  

    Mr. Boggs was concerned about heavy equipment coming in on the roads in Rolling Meadows if the subdivision does get approved.

    Mr. Bengel stated the construction traffic will come in off of CR 100 N.

    The public hearing was then closed.

    Mr. Burns asked if DLZ looked at this.

    Mr. Thompson stated no. At the request of the Plan Commission, I did go to each petition that was going through and asked them on a voluntary basis if they would go through and have the independent engineering review done.  With this petition I was told no.

    Commissioner Harper asked Mr. Burns if he read the Development Advisory Committee…

    Mr. Breitzke stated they only came twice to DAC.

    Commissioner Harper stated just reading the Development Advisory Committee I sense that in my heart I know that we are going to create another problem with drainage.

    Mr. Detert stated I feel the same way.  Will you submit to a DLZ review?

    Mr. Bengel stated yes they would.

    Mr. Detert stated we had a lot of drainage problems with Rolling Meadows and I don’t want to see any more.

    Mr. Breitzke stated I strongly recommend that you have DLZ look this over.

    Mr. Burns asked should we table this case.

    Mr. Ferngren stated we will do the DLZ review, but since we are here we would be interested in hearing any other comments that the Plan Commission members might have.

    Mr. Hutson asked where will the wells go as associated with the ponds here.

    Mr. Bengel stated they will be 45-feet from any property line.

    Mrs. Stevenson stated I have no comments.

    Mr. Cole stated I know the concerns of the people in Rolling Meadows and the fact that your children are playing in the streets and that you have less traffic on that.  However, the subdivision was built with a road that continues into on subdivided property. The intention was there and the intention was good.  To have a single entrance into a subdivision is asking for serious problems.  Having a second entrance is intelligent planning.   I think we really need an outside engineer to look at the drainage in this area. When you say this was recommended for a regulated drain, certainly not the entire subdivision.

    Mr. Breitkze stated there is specific attributes of the subdivision such as the drains from the roadways and to the ponds.  The ponds themselves are outlets but not the mowing of the pond, the maintenance of a retention pond where it might need to be treated.  The Drainage Board puts a small amount forward through assessment to take care of emergency type situations.  

    Mr. Cole stated I don’t see Soil Solutions documentation of all of the soil borings. Those should be presented to the members. Will there be any sidewalks in this subdivision.

    Mr. Bengel stated no.

    Mr. Cole stated I feel sidewalks do give us a better subdivision and better continuity throughout a subdivision.  

    Mr. Read stated I couldn’t vote for this until this is reviewed by DLZ.  I have a question regarding the compliance on the open space ordinance.  Where is the access to “A.”

    Mr. Bengel stated “A” has frontage on CR 100 N. and Barker Drive.

    Mr. Read stated our ordinance states that the open space has access from internal roadways.



    Mr. Bengel stated there is access off of Barker.  At this time, Mr. Bengel went to the map to show Mr. Read where the access is.

    Mr. Read stated I am referring to “B” not “A.”

    Mr. Bengel stated “B” has access here and also a 50-foot access down here for “C.”  

    Mr. Read stated access “B” is on a steep slope.

    Mr. Bengel stated we also have an access between lots 45 and 44 with a width of 30-feet.  

    Mr. Read stated the requirement as I read it is 50-feet. You have a 10-foot walking easement.

    At this time, Mr. Bengel went to the subdivision map and pointed to the access to the open spaces for this subdivision.

    Mr. Read asked where is the access to wetland “C.”

    Mr. Bengel stated there is one here, one here and we can also make one here.

    At this time, Mr. Read read from the open space ordinance.

    Mr. Read stated you said that some of the ponds will be dry and some will retain water and area “A” will be the dry detention basin.  Area “C” will be essentially a retention area with some water in it most of the time.

    Mr. Bengel stated there will be a little bit of water in “F” but essentially that will be dry. The open space down here which is “G” that has an existing very small wetland but we are not using that for drainage.

    Mr. Read stated on “C” will that be a retention area with some water in it most of the time.

    Mr. Bengel stated that is a real nice wetland.

    Mr. Read stated if you do what we are saying here we are setting two precedence, which bother me.  One is using a natural wetland for retention or detention purposes.  I have gone through all of our ordinances that could possibly deal with this.  I haven’t found anything that specifically permits that to happen or prohibits that to happen.  However, there is lots of wording in there which would say that an existing natural wetland has to


have its value protected which means protection from a pollution including sedimentation.  

    Mr. Bengel stated we have been working with John McQuestion from Soil Solutions on this. The little bit of water that gets into “F” will have a long vegetative swale to clean the water up. The same thing on Corralwood at the northwest corner of lot 39 there will be two inlets and that will also be a vegetative swale that takes that water down to the wetland.  We are taking a lot of drainage away from there and taking it down to “A.”

    Mr. Read stated there must be a plan for both temporary sediment control and permanent sediment control. At some point, I would like to see greater details on this.

    Mr. Bengel asked when should this be done.

    Mr. Breitzke stated by the requirements of our Storm Water Ordinance you need to do this at this time, at primary.  

    Commissioner Harper stated the one thing that DLZ has brought up is that they feel that our ordinance is lacking in water quality and they are going to make some suggestions as to how we could upgrade our ordinance to deal with water quality.

    Mr. Breitzke asked was there a determination that these are actually wetlands or were they hydric status.  Quality of the water is the question.

    Mr. Bengel stated I don’t think we are talking about quality for this one.  It was delineated and this was delineated.

    Mr. Breitzke asked how about the one in the northeast corner.

    Mr. Bengel stated no.

    Mr. Read stated my concern is still the use of the walking easements to the open space.

    Mr. Bengel stated the walking easements will be signed.

    Mr. Read stated this is not shown on the plat.  If you come back I want to see the rear yard setback clarified and that the walking easement is in addition to that. I think that you should come back after DLZ has gone over this I would like to have you address these things in some clarity. Keep in mind that determining what is your wet detention area and your dry detention area determines the number that you have to use for the


perimeter walk around.  75-feet on wet and retention and 25-feet on dry.  I want to see that on the plan.

    Mrs. Marshall asked has this been before the Drainage Board.

    Mr.  Bengel stated yes.

    Mrs. Marshall stated they determined that they have a regulated drain.

    Mr. Bengel stated yes.

    Mrs. Marshall stated in this Indiana Code 69.5 it says that the County Drainage Board must approve the drainage plan before the person may proceed with the development of the subdivision.

    Mr. Breitzke stated when that law was passed the Drainage Board passed a resolution passing it back down to the County Highway Engineer, myself and the DAC.
    
    Mrs. Marshall stated so you reviewed this and there is no more water coming on and no more water leaving.

    Mr. Breitzke stated as much as I could.  We had the two required meetings.

    Commissioner Harper asked can the Drainage Board take that power back.

    Mr. Breitzke stated they could. Since they are not technical people for the most part, either, they prefer not to.

    Mr. Detert asked how long will it take DLZ to make their report.

    Mr. Breitzke stated what I was going to recommend is that we have this tabled until the report got back to him.

    Mr. Detert moved to table Case 07-P-7 until DLZ gives their report; and in order to keep the meeting moving faster if we have a lot of questions they should be submitted ahead of time to the developer so that he can include them in his designs. Mr. Cole seconded the motion.

Discussion:

    Mrs. Marshall stated on January 26, 2007 after reading the Development Advisory Committee thing that at best we have what we


call a concept.  This needs a lot of work and I would not support this petition tonight.

    Motion carried on a unanimous roll call vote.

    Case 07-P-10.  Petition of Barbara Sigle, 410 W. Coolspring Ave., Michigan City, Indiana seeking primary plat approval for Sigle’s Quest Subdivision to be located on the North side of CR 1325 N. between CR 300 E. and CR 375 E. in Pine Township, Porter County, Indiana. (To contain 2 lots on 10 acres. Property is zoned RR.)

    Bill Rensberger stated he is representing Barbara Sigle in this petition.  This lies two miles northeast of Chesterton.  There is an existing ten acre parcel. It is mainly being farmed right now. There are some structures here. The water drains to a low area, which then feeds into an arm of Kemper Ditch. I have set aside a drainage easement for water to continue to flow from off site.  There is a watershed here that will improve the property and not hamper it. Mrs. Sigle’s plan is to build a house here on five acres.  When grass is planted, it will slow the water down from the current runoff to approximately half the rate it is going now.

    No one spoke in favor to this petition.

    No one spoke in opposition to this petition.

    The public hearing was then closed.

    Mr. Burns stated you are not showing the elevation adjacent to this property.

    Mr. Rensberger stated the contours all slope this way and it is pretty well flat over here.  Things go into the wet area here and then out…

    Mr. Burns stated I wish you would show that on the plat so we can see how that affects the adjacent property owner.

    Mr. Rensberger stated I could show the existing neighbors house here and the son’s house here.

    Mr. Burns moved to table Case 07-P-10.  Mr. Detert seconded the motion, which carried on a unanimous roll call vote.

    Case 07-Z-7.  Petition of Gulabinka Trpeska, 1025 S. 575 W., Hebron, Indiana for a proposed amendment to the Master Plan



to rezone a parcel of land from AG, Agriculture & Open Space to RR, Rural Residential to be located at 1025 S. 575 W., in Boone Township, Porter County, Indiana.

    At this time, Mr. Breitzke called the petitioners name three times. The petitioner was not present.

    The Board decided to hear from the people who are present at the meeting tonight.

    Gene Sims, 1017 S. 575 W.  Mr. Sims stated I also have a parcel just west of his at 1029 S. 575 W.  That parcel is Minor Subdivision lot 1.  We haven’t seen anything formal on what he is proposing. Supposedly on a map that Mr. Trpeska drew he is showing access into three lots.  Right now there is one residence there, which used to be a piece of our farm property and as of this year it is not.  The road access he wants to use for those three houses is our 90-foot farm access road that goes back into approximately 200 acres. In 2001 when I set up the minor subdivision, lot 1 to put one house on that lot, which is not built yet.  At that time, they told us that if we didn’t make it 90-foot access road all that land behind 575 W. would be land locked.  My question on that would be he cannot use our 90-foot road access for his three houses.  He is going to have to make his own road.  His frontage property is 288-feet wide.  He doesn’t know his property size.  His property basically is off of our farm, which is the B.B. Yankauskas Trust Farm.  With that thought he is going to have to set aside certain amount of property for access for the three residences.  We established 90-feet so I don’t know what you are going to require on that.  Another issue that I have is that he will have three residences and that is three septic systems.  John McQuestion from Soil Solutions did my lot, which is only 90-feet to the south of it and subsurface perimeter drains were mandatory.  We set up a 20-foot subsurface drainage discharge easement coming off that lot.  He doesn’t have a place to run these subsurface drains.  Also, on the east border we are in the process of getting paper work established cause we have an ingress and egress 20-foot easement. We had a GPS survey done last year.  In our legal descriptions that was missed. So we are processing the papers now to get that ingress and egress shown on our surveys. Those that live on that road have a concern on what kind of homes they are going to put there.

    Paul Yankauskas, 787 W. 1000 S.  Gene asked the same questions I was going to ask.

    Tony Yankauskas, 657 W. 1000 S.  As Gene mentioned, I wasn’t fully aware of this guy planning on building three houses.


I was wondering why he wanted to rezone this. This is an agricultural community and it seems like there are little pockets of little subdivisions all over the place.

    Dominic Yankauskas, 1055 S. 575 W. I am the owner of the Trust.  My major concern with any other houses being built there is that all of the runoff from that strip of land runs to the north on wetlands.  A good portion of acreage that Mr. Trpeska owns is about 20% to 25% wetlands.  Where would all his water go?

    Patricia Sims, 1017 S. 575 W.  Do we need our lawyer present?

    Mr. Breitzke stated no. It is not necessary.  

    Mr. Detert moved to continue Case 07-Z-7 to the May 23, 2007 meeting and to have the petitioner notify the adjoiners by first class mail.  Mr. Burns seconded the motion, which carried on a unanimous roll call vote.

    At this time, Mr. Breitzke asked for a moment of silence for Dave Highlands a former Portage Council member who passed away last night.  

    Discussion on Timberland Subdivision

    Mr. Gaither stated I would like to thank the Plan Commission and give you an update.  We have an agreement with the developer of Timberland.  There is a plan in place and we should start within the next couple of weeks.  We appreciate everything the Plan Commission did to help speed things along.

    Mr. Detert stated I would like to have this on our next agenda for May 9 for a progress report to see if this has been signed.

    J.F. Schrader stated I don’t believe this is the same plan that was presented at the last meeting.

    Mr. Breitzke stated it is slightly different.

    Discussion on Falling Waters Subdivision

    Present for this was Tony Floramo, Mike Capp and Attorney David Hollenbeck.

    At this time, Mr. Floramo passed out an agenda with some questions that the Plan Commission had.



    Tony Floramo stated I am president of Floramo Partners and the current owner of Falling Waters Estates Subdivision.  Unfortunately, I was not present at the last Plan Commission meeting where there were some concerns and some of those concerns were life safety.  I am here today to address those concerns and give you a general description and status of the subdivision as well as specifically answer items that were brought up at the last meeting.  First and briefly, through rumor, scuttlebutt and propaganda I have been told that I am bankrupt. I am here to assure you that this is not the case.  More importantly the subdivision was impressed upon my banker who has extended a line of credit relative to my firm constructing homes within Falling Waters. We plan this year to start ten homes to assist in the development of the subdivision and also as a marketing tool.  They did their review and this has been approved.  I think some of the confusion going to item B, a contractor, a builder, Guest Holdings specifically, was a builder who had a contract to buy my entire subdivision. We entered into a contract and a very large check was tendered and that check bounced to the sky and they started building homes of which five of them are under construction and they are sizable homes.  These homes are close to $800,000 to $1,000,000 when they get completed.  They are not completed. They had stopped.  So part of the smoke screen or some of the adverse conditions that I am faced with is that now I have five homes that are not completed.  The bank has taken them over and they are hiring their own contractor to finish the houses because they don’t want to be stuck with the bad debt against these homes, as we don’t either.  I had no financial interest in that company.  I was not in any joint venture. They were just an independent builder who purchased lots from me.  In Falling Waters there are a bunch of different parties involved.  There are builders who submit plans to both the architectural review committee and the Plan Commission and Building Department for permits.  You have the Falling Waters Homeowners Association.  You have the Falling Waters Conservancy District.  You have myself as the developer and independent utility companies.  Each of these parties are independent entities.  They have been created and they are entities as corporations.  Communication is the key to everything.  We have had two or three meetings were we have established a date, sent notices to the homeowners and we were going to talk about the subdivision.  We met at the Boone Grove School.  We sent out news letters with the minutes of those meetings and additional ideas. I think it is important for the Plan Commission to understand that right now of the 407 lots that are in Falling Waters, 145 have closed.  Deeds have transferred on 145 lots.  Of these 145 lots 22 have homes under construction, meaning the houses have started excavation and have not received a final occupancy permit.  They are still deemed as under construction.  These are either individuals who have purchased


the lots directly from me or builders who have purchased the lots from me to build these houses on spec or for specific clients that hired this builder to build their home. Next we have of the 145 I have 48 occupied houses.  These are residence physically living in Falling Waters.  This is as of today.  The balance of 75 are vacant lots.  So individuals are either in the planning stage of what home they want, builders who have purchased a number of lots from us and have closed or individual with investment who thought this was a good idea.  We have given subdivision maps and keys to the Fire Department.  The Fire Department was given a map of Falling Waters from the Porter County Assessor’s office or…   Item G is very personal to me, random vandalism.  I don’t know what it is about this subdivision but from the individuals who attempted to stop my waste water treatment facility and whatever, Michael and I yesterday spent most of the day in the subdivision so I could be prepared for tonight’s meeting.  There were issues identified in Mr. Thompson’s letter and the minutes of the meeting from the residence that there were issues of maintenance.  I was out there trying to identify these.  In January we had four or three sewer grate manholes removed.  This could be a dangerous thing if you are walking and all of a sudden there is an open grate and you end up in a manhole.  Fortunately, East Jordan Iron Works is my next door neighbor in New Lenox and they stock these.  We went out there and replaced them.  Much to my surprise when Mike and I went through the subdivision yesterday four additional grates were gone.  Talking to my plumbers and talking to individuals what can you do with these things.  They are 85 pounds apiece.  It is a Federal offense to sell them at a scrap yard. I picked up four from East Jordan yesterday to replace them today.  When Mike and I went to replace them, four additional grates were missing today from yesterday.  A lot of people new about tonight’s meeting and a lot of the issues were on maintenance and the developer’s accountability and what not. Within a 24-hour period I have five safety issues again.  So what I did I called my iron worker off of another project and had him pack weld four spots around each of the manholes throughout the subdivision. He did that today.  When my firm bought the property in 1999, the assessed valuation of this open farm was $20,000.  Mr. Hollenbeck and I had a meeting yesterday with our financial adviser and he tells me that the Assessor right now that the assessed valuation today at Falling Waters is close to $21,000,000. I am proud of that.   To continue with the agenda that I have given you, I have tried to identify in a status report kind of where everything is at.  One of the biggest safety concerns is the fire in Falling Waters. A lot of fingers were pointed but fortunately nobody was hurt.  This water pressure problem that ended up being there, Indiana American Water Company through my five years involved here, has been on their third or fourth regime.  A German entity,


I don’t know who they are, bought all the American Water Company’s throughout the United States or something like that. Mr. Bob Haun, who I dealt with initially, who went to Mr. Randy Moore, which is now Mr. Terry Adverten(sp). Each of these managing directors of the water company has a different flavor or idea of what they want to do. When Mr. Adverten (sp) took over he said that the pump station that was energized over two years ago he had some questions, it is not turned on, the pressure is not there and we need to get this on.  Immediately when I received that letter I met with Mr. Adverten (sp) and had numerous conversations.  We had a meeting came to a plan and the plan was that on April 17 this booster station would be energized.  On April 17 this booster station was energized.  Right now it is running within the subdivision.  One of their concerns was they normally radio control these pumping stations through antenna’s. The elevations in my subdivision are close to 80-feet not including trees.  So, it was decided to bring an internet service, the DSL line to this pumping station so that they can communicate accordingly for pressures.  Keep in mind that this pumping station was designed. We were on the border line. We installed it, we paid for it and we wanted it to be running but it was designed for 400 homes.  As I mentioned, we only have 48 occupied houses right now.  Why there was a water problem, I don’t know.  Right now the booster station is up and running. Number two, the numerous road failures or potholes. Mr. Dave Schelling of the Porter County Highway Department and I had numerous conversations from when we started on how to do this.  My experience in putting together a subdivision is you don’t put the final lift on until a good portion of the homes are done.  That way the developer, meaning me, is responsible for any failures or breaks or potholes or sinkages that happen.  These roads were installed in 2002.  I was there yesterday and I think they look great.  I can’t believe a binder course right now has sustained five years or six years of wear and tear going through this. We are bonded.  I am not talking about an insurance policy.  Actual cash is held to Porter County Highway Department to put the final coat in.  In talking to Mr. Schelling I asked him, “This was our initial thing.  We wanted to do this at the end and there are a lot of residents that are not happy with this. What is your position on me doing it now and what happens to my cash bond?”  He said, “Mr. Floramo if you turn around and install the final lift right now and is acceptable to us we will recommend that your bond be release to highway issues.”  It is my intention this year within the next couple of months we will pave Falling Waters.  That releases me as a developer from maintenance items relative to the roads.  Once it is accepted by the Highway Department.  Keep in mind that this is a private road.  I talked to David, we built it to county specs and we would love to turn it over.  Mr. Schelling has problems with the gates and it is now


really a thoroughfare that connects a lot of things.  It is five and a half miles of internal subdivision roads.  At this point in time, they are not really interested.  That doesn’t mean that later on it couldn’t be done.  That was the decision and that is what we did.  The plants just opened last week.  So the major potholes that were addressed last week are not corrected.  The sink hole that was at the north end when Reith Riley who was our subcontractor who installed our sub-base and our binder, when we finally got them to perform on their warranty work there is a little section where they performed the work and here is the area where the sink hole was.  I am not blaming Reith Riley.  We sent someone to video camera into the pipe and it isn’t a broken pipe.  The cause of the sink hole was not an infrastructure issue.  It has been compacted and patched.  The Highway Department also wanted us to add additional inlets from our guardhouse going to CR 100 S.  They wanted to help potential drainage issues going to CR 100 S.  We installed those and we paved yesterday, from CR 100 S. going to our first intersection.  This now has a surface course in it.  So now any water that would be coming in that would approach CR 100 S. is not restricted by the rim of the sewer grate because the surface course isn’t in.  Now it is all nice and level and the water goes exactly where it is supposed to go.  That was done and completed. Next is number four, the lack of street signs for emergency response and safety.  Every street signs that is on our drawing is up other than two.  Two street signs are missing.  I don’t know where they are at.  We will order them and get them back up.  These street signs are reflective and they are visible.  Concerning the 911 response to the internet phone, when we started this mess with stuff NetNitco was the incumbent or the regional telephone company within Falling Waters.  We could not come to terms.  Comcast came in and placed Comcast cable throughout the whole subdivision.  At that point in time, things changed and it went to digital and a firm by the name of Vontage became available if an individual got Comcast.  A lot of individuals in our subdivision have the Vontage system and now Comcast has a similar voice over the internet phone.  The only problem with voice over the internet phone is in their directions it says that you need to call Vontage with their 911 program and register your address because if you dial 911 this is voice over the internet they may send you to Sweden.  It works that way.  So we are putting in our news letter to please, if you have a Vontage system, register.  Since that time, NetNitco and Floramo Partners and Falling Waters came to terms.  They are providing individuals right now in our subdivision with our normal line and they are also trying to sell DSL lines.  So that is physically within Falling Waters.  A main  contention with the residents is the front gates and the operations of the front gates.  When I purchased this subdivision the front gates were installed.  I was led to believe and I do


believe it was true at the time, that the most state of the art operating system was installed at these gates.  It is physically there.  We go to energize this thing the gates operate right now.  It is on a time clock.  At six o’clock in the morning the gates will open and at eight o’clock at night they will shut.  I want them open during the day because of the numerous contractors going in and out.  However, the control device inside this will not respond to Vontage.  It is not digital. We had to order a new piece to put in this so if Pizza Hut shows up and 8:30 p.m. and wants to make a delivery they can call someone on this intercom system scroll down with the phone number press somebody’s button and ring their phone number. That individual then buzzes the gates and allows them into the subdivision.  That we couldn’t do two weeks ago.  That part has been ordered and that is the new protocol.  Next is no resident’s representation on the POA or the Conservancy District.  Mr. Alex Casbon, Lot 167, serves on the Falling Waters Conservancy District Board.  Street lights not working, the infrastructure missing and glass falling from posts.  Now this is a tough statement because it goes back to my passion with this vandalism.  I didn’t put in these street lights for them not to work or I did not install them with broken glass.  Michael has contacted the manufacturer because we have replaced a series of bulbs and a series of ballast.  That doesn’t make any sense.  Why are these things blowing out?  Kankakee Valley, REMC no longer has a street light program that they will maintain street lights.  We have an account with them and the POA pays for these street lights.  They will not maintain them.  With our displeasure with some of this stuff Michael has secured the manufacturer to replace all of the heads.  My understanding is that 14 lights aren’t working out of the 33.  I don’t want those others to go bad.  I want all new heads. There is a six week delivery.  We will install and replace all of those heads. But to turn around and keep putting Band-Aids on the same problem because water or moisture is getting into this stuff doesn’t solve anything.  Next is erosion through the development.  We have installed a series of straw bales, silt fence, ditches to control the water in the subdivision.  Please keep in mind that if you haven’t been through this subdivision there are 80-foot elevation changes and some of the roads curve through some of these elevations.  Our worst erosion is when you cut the road.  Our biggest problems are with the builders and how to enforce it.  We turn around and set up with the builders the parameters.  This is what you have to do.  You have to have your silt fence.  Then they tell me that they have a closing tomorrow and that I can’t stop them because they have their occupancy permit and what am I going to do.  My hands are tied.  I have mentioned at my Home Owners meetings to the residents that as the Home Owners Association you people could collectively go after these builders.  You can hire an attorney and sue for this enforcement.


I ask them what they are going to do.  They say that this is going to cost us money.  I told them yes, but they will get it back.  Yes it is front money. This is an avenue that we need to take.  Then they tell me to work it out.  We try to work it out. So what Michael has established with Mr. Haller from the Building Department, when someone goes in for a building permit, the architectural review committee has to review and fill out a schedule A.  Schedule A means that this building is in conformance with what the covenants states. Setbacks are there, size, elevation etc. etc.  More importantly, Mr. Cap reviews the grading plan because with all these different elevations out there if somebody wants to build a house that is five or six feet higher than the curb and the poor individual next door it would be horrendous.  We take this very seriously.  Some individual builders have submitted their plans.  We sign off on a Schedule
A and they built something different than what they submitted to us.  For example, Lot 153 on the individual who is under Guess Holdings, they submitted a plan that showed an English window basement.  So your basement is four or five feet above grade where you can actually have a real window as opposed to a window well. They liked the lake and everybody else has walk outs so why not do it.  So they channeled out and put in a walk out.  That affected the two lots next to them. So the home owners are screaming at us and asked why did you approve this.  We didn’t approve this.  Michael then established a Schedule B. What Schedule B means is that our committee or Mr. Cap reviews after the fact.  Did you build what you said you were going to build? Does it comply with Schedule A.? Does it meet the grading plan that you were going to do?  If it does, I will sign it.  Where are your trees? Where are your landscape issues?  So we prevent erosion.  Without Schedule B there will be no occupancy permit.  Now we got the control.  It forces them, because they can’t close.  People are screaming to get in and they can’t do all of this stuff.  It is a nice control without taxing or burdening the Building Department.  This is something that is also important to us and it is a control.  Some of that got overlooked.  I am not pointing fingers as to who, what or where. Occupancy permits were issued without the Schedule B being fulfilled and I have problems again.  I am trying to work together with everybody to solve this so we can go forward.  The retaining walls in the development are hazardous.  The relocation of the lots on the north end that was presented to the Planning Commission a year ago in conjunction with the potential widening of Division Road and all of that.  We have to move that wall.  There is a wall that has been stopped because you have a cul-de-sac that for this new plan is shifted. So once that is tripled checked and the gavel is in I will move that wall.  I will take it and redo it.  The majority of the fences over these walls are in.  There has been vandalism. I was told that one is off, one is broken and what-not but once again I


didn’t put it in broken.  It went in and it was proper and all of a sudden something happened.  Some of the retaining walls in the development are not the developers.  Some retaining walls are the home owners.  These home owners retain walls on some of the steeper elevations that are above five to six feet.  I don’t know if they have any fences up.  Without being at the meeting, I don’t know if that was referred to or reference to but that was not a retaining wall that we installed.  All my retaining walls are a specific size or 110-pounds of block and we have a split rail fence corralling them for these issues. Next are issues concerning utility wires being exposed.  I went through the whole subdivision and the only thing that is open right now, which I covered, was a cable box. Another issue was about garbage dumped around the development.  This gets into the issue of the rear gates. I have individuals that I have seen here today that are in the audience who could attest to tracking license plate numbers that were given to the Porter County Sheriffs Department on these individuals going into our subdivision.  We are trying to catch the people who doing this.  My landscaper was involved with a person whose four-wheel drive truck got stuck and they had to get a tow truck to pull it out.  We gave all the info to the Sheriffs Department and they didn’t do anything.  I am trying to control the fly dumping and how do I do this.  We put up a rear fence. The fence I consider to be balsa wood.  What I mean by that is that it is a very light gage swing gate that you would see at a car dealership that has a chain lock.  When Mr. Jones had his problem with his fire he easily knocked it over. It is intentional.  The Fire Department also has a key.  There is no time delay on this.  Once the rear lots get final stamped, I can then run electric.  I do not have electric from that point going to Division Road because I am not at grade with the curbs.  The curbs need to be moved.  Once I get that grade, Kankakee Valley will jump in, I am energized.  The two lights that are there will be energized with the new heads.  Now I have power I will put in a slide gate.  Now individuals who like this for convenience through a code for fire department, ambulance or whatever can electronically get through this.  It is not possible for me to do this right now.  The garbage has diminished.  So you don’t have piles of stuff.  We don’t have cameras.  I decided to build in Porter County because it was beautiful.  There was an issue on poor response for snow removal this winter.  We live in a lake affect area.  We had fourteen to eighteen inches of snow in a 24-hour period.  When I started getting calls that the subdivision wasn’t done, we instantly contacted our snow removal contractor.  He said to me that they have been out with two crews and they ran it twice and they worked till three in the morning. Everybody is sleeping now and we are coming back to detail.  Certain things happen when you plow that level of snow.  The blade and the snow may block up a driveway.  He is not under contract to detail out


everybody’s driveway getting into the street.  I don’t know if that was the issue but I can see this that you have this level of snow with the blade and boxing people in.  He was called and I don’t think that there were many other issues with the snow removal.  If there is we fire him for next season and hire somebody else.  There are two issues with fire hydrants not accessible.  Before the pump station was engaged, certain fire hydrants via water company were shut off.  The system is valve. If we have no residents up and down this cul-de-sac in the back, why put water and pressure through that if it is going to stagnate in the line.  It was their discretion and that is what they did.  Now with the pumping station that doesn’t really matter.  So some of the ones that I saw that had some mounds of dirt on it or were low are on a new punch list with the water company, which I have shared with Bob, that we are raising these.  The other is the builders.  If the fire hydrant was that grade relative to the curb a builder comes in and changes that, which was not approved through Michael’s site plan and now this fire hydrant is shorter than it should, that is the builders’ problem.  Try to enforce it back to the builder and that is what we are trying to do. Next issue is the lack of maintenance and upkeep for water features.  There are an infinite number of levels of maintenance. Right now the budget on maintenance is to treat the lakes.  We did that and we did that for the last two years.  Some people like to see it more treated and some people don’t care.  What I have to do is gage 143 deeds over’s because everybody pays the same level of assessment.  If you live on the lake you don’t get special treatment that you live on the lake from somebody who doesn’t live on the lake.  Everybody pays the same amount of money.  But that is up to the home owners.  If they want to arch annual for a…an occupied house is $600 annually. They have snow removal, grass maintenance, insurance, electrical, common water etc.  If the majority of the deeded residents wants to increase that scope of work for maintenance than the assessment should be increased.  No one wants to do that.  That is your problem.   Well, yes and no.  I have 250 some lots out there that I am attempting to sell and bring this community out of the toddler stage.  So it affects me too.  We are trying the best we can with the funds…we are trying to please everybody and it is very difficult.  The next is lack of safety around the scenic vista areas that is identical to some of these broken fences.  Last but no least, lack of developer accountability.  I can only say with my experience from yesterday and today there is also some home owner resident’s responsibility.  If someone is stealing one of the grates that you or your kids are going to fall in you better tell me about it or do something about it because it affects you.  I am out here trying to do this.  If you see it, don’t be an ostrich and put your head in the ground.  Please call the cops and do something with this.  Notify somebody.  Once again we have


established the multi system Schedule A and Schedule B with the Building Department.  So hopefully that will assist in some of this.  There are individuals in the audience that with this Plan B we require and are enforcing a landscape cash bond to given to the Home Owners Association that if the landscape was not in during the winters months and what not they have until whatever time period to install it or the Home Owners Association will install it for him out of his bond.  One of my solutions, in speaking with Mr. Hollenbeck yesterday and some of my other attorneys, the POA the individuals that are here tonight and are concerned may or may not feel that I am handling the POA and the maintenance items of the installed infrastructure to their liking.  Right now our deeded covenants state that under 75% deeded or occupancy I will turn it over to the POA.  By drafting something that is agreeable to both ends, I can turn it over tomorrow.  We have a meeting on May 3 at the Boone Grove School.  We sent out an e-mail today notifying people that we finally got confirmation that we can have the room to do this. It is not a problem turning everything over all the funds and whatever.  So that is my story.

    Commissioner Harper asked Mr. Hollenbeck are you here representing this fellow.

    Mr. Hollenbeck stated no.

    Commissioner Harper stated he said two or three times tonight that you are.

    Mr. Hollenbeck stated I had not heard him say that.

    Commissioner Harper stated he said my attorney David Hollenbeck.

    Mr. Hollenbeck stated I am the attorney for the Falling Waters Conservancy District that Tony is a member of.

    Commissioner Harper stated it is my understanding that you had some sort of dispute on your sewer plant that forced a pump and haul for a long period of time. What was that about?

    Mr. Floramo stated there were some individuals not in the Falling Waters Subdivision that opposed my waste water treatment plant.  

    Commissioner Harper stated then it is my understanding, I made some phone calls, you had a problem with the people that had the phone lines in your area, with NetNitco.  



    Mr. Floramo stated I had a problem with Mr. Mussman who was the owner.

    Commissioner Harper stated you could not reach an agreement to use NetNitco for a long period of time.

    Mr. Floramo stated we had altered it.

    Commissioner Harper stated I further understand that you had some problems with Reith Riley.

    Mr. Floramo stated Reith Riley would not perform the warranty items under my contract.  We took them to court and got it resolved.  

    Commissioner Harper stated I further understand that you have had problems with American Water Company.

    Mr. Floramo stated as I previously explained, Mr. Harper, American Water Company has been through three regimes that I am aware of.  I have communicated with each of those chairmen or operation managers of the Gary office and they all wanted different things.  

    Commissioner Harper stated you have had problems with them to the point that they did not want to accept your infrastructure.  Is that correct?

    Mr. Floramo stated that is not correct.

    Commissioner Harper stated we have a letter in our packet from American Water Company.  I am referring to a letter from March 22, 2007.  Do you have that letter?

    Mr. Floramo stated yes I do.

    At this time, Commissioner Harper read the letter. Are you saying that there are no system deficiencies?

    Mr. Floramo stated that is correct.  There are minor items that were identified in this letter that we have never seen before.  If you refer to that letter, there was an attachment to that letter.

    Commissioner Harper asked Bob is our engineer going to review that too.

    Mr. Thompson stated we were talking about that today.  We were going to be making contact with Indiana American Water to go


in talk to them and ask if we could do some pressure testing on the hydrants.

    Commissioner Harper stated I think our engineers should take a look to see whether there are deficiencies in this thing. Let me ask you this because the residents had some questions and I would like to ask some questions about this conservancy district.  Was the conservancy district formed after you started selling lots?

    Mr. Floramo stated I would like Mr. Hollenbeck to answer this question.  He was the attorney for the conservancy district.

    Commissioner Harper stated my main question is what you held out to the homeowners when they bought the home versus what the conservancy district is doing.  I would just like to get that clarified. They are saying that they bought some of these lots with the understanding that they were going to have a water treatment department and this, that and the other in some of the advertisements. Is that true?

    Mr. Floramo stated no.

    Commissioner Harper stated then you did form this conservancy district and who is on this conservancy district?

    Mr. Floramo stated I have a copy…when everybody closed on a lot Mr. Hollenbeck drafted a disclosure statement relative to what a conservancy district was.  I didn’t know what it was.  I was from Illinois and I never heard of it.  Before I sold to anybody I presented this disclosure statement. They read it and executed it.

    Commissioner Harper asked who are the Board of Directors on the conservancy district now.

    Mr. Floramo stated me, Mr. Cap and Mr. Alex Kazmerchek (sp).

    Commissioner Harper asked he is related to your secretary, correct?

    Mr. Floramo stated no.

    Commissioner Harper asked is he related to anyone involved with you.

    Mr. Floramo stated no.

    Commissioner Harper asked was he?

    Mr. Floramo stated yes.

    Commissioner Harper stated so this conservancy district floated a bond issue, correct?

    Mr. Floramo stated yes.

    Commissioner Harper asked for approximately how much?

    Mr. Floramo stated $10 million.

    Commissioner Harper asked how much of the $10 million is left.

    Mr. Hollenbeck asked Mr. Harper would you like me to answer?

    Commissioner Harper stated yes and I just want an idea about how much of the $10 million is left.

    Mr. Hollenbeck stated over a million of that was capitalized interest.  This is exactly the same model that was use at Aberdeen.  You have to capitalize interest because you don’t have enough customers at first to be paying it until it is built out.  That is still there and is still going to be used until we have enough customers that are paying their monthly sewer bills to sustain itself.  The rest of the money is pursuant to the Circuit Court approval and DNR.

    Commissioner Harper stated I just want to know where it went and what is left.

    Mr. Hollenbeck stated it went to acquire the infrastructure. Upon the payment of the infrastructure that infrastructure becomes…the ownership of it is invested in the conservancy district, which then is responsible for maintaining it and running it.

    Commissioner Harper asked what did the conservancy district buy?

    Mr. Hollenbeck stated sanitary sewer system, the water system and we bought the storm water infrastructure.

    Commissioner Harper asked what about the roads.

    Mr. Hollenbeck stated no, conservancy districts are not involved with.



    Commissioner Harper stated so you paid about $9 million for this.

    Mr. Hollenbeck stated no. It was $7.6 million.

    Commissioner Harper asked where is the rest of the money?

    Mr. Hollenbeck stated again over a million dollars is capitalized. There were fees involved with this.  Mr. Harper I can get you the break down.

    Commissioner Harper stated I think these people would like to see the break down.  How does the conservancy district decide that the infrastructure is worth $7.5 million dollars?

    Mr. Hollenbeck stated appraisals.

    Commissioner Harper asked who did the appraisals.

    Mr. Hollenbeck stated again, I don’t have that with me but engineers appraised each of the infrastructures.

    Commissioner Harper asked who are the engineers and who hires the engineers.

    Mr. Hollenbeck stated the conservancy district hires them.

    Commissioner Harper stated let me ask you this.  This is what bothers me about this process.  A developer forms this conservancy district and I assume at the time engineers are hired and everything else and the general public is not really involved in it.  

    Mr. Hollenbeck stated the land owners run the conservancy district.  

    Commissioner Harper stated I understand that.  As you and I know I can hire an engineer to tell me one thing or I can hire an engineer to tell me another thing.  All this is done and these people are saddled with a debt.  I am not saying it is illegal but I am saying that this Plan Commission needs to take a look in the future of how this whole thing is run.  They can saddle these people with a debt of $7.5 million. They come out and see this nice subdivision and everything that they are suppose to get.  I understand that they sign this document but this document does not say that you are going to be responsible for $7.5 million.

    Mr. Floramo stated there is an independent document that I can provide which is a waiver that identifies the $10 million.

    
    Commissioner Harper stated I would like to see that. The other thing I want to ask you is how many houses do you have out there now with people living in them.

    Mr. Floramo stated 48.

    Commissioner Harper stated you have about $30,000 a year coming into this Home Owners Association.

    Mr. Floramo stated occupied homes are charged $600 and vacant lots are charged $350.  Houses that are still under construction are considered still vacant.

    Commissioner Harper asked how many vacant lots are you still charging?

    Mr. Floramo stated $350.

    Commissioner Harper asked do you charge your lots that are vacant and do you pay money into it?

    Mr. Floramo stated no I do not but I pick up the surplus.

    Commissioner Harper stated lets talk about that.  How many lots are paying $350?

    Mr. Floramo stated 75 plus 22.

    Commissioner Harper stated so you have another $35,000.  So you have $65,000 coming in a year.  Where does that money go?

    Mr. Floramo stated snow removal, lot maintenance, common area ground, common area water and you have insurance on the common ground.

    Commissioner Harper asked who keeps those books?

    Mr. Floramo stated I do.  I have a Masters Degree in Accounting.  I had presented these books at the last Home Owners meeting for individuals to review.  

    Commissioner Harper asked when was that?

    Mr. Floramo stated last meeting was September 14, 2006.

    Commissioner Harper stated the Fire Department tells me that they didn’t have a key.  Why would they tell me that?

     Mr. Floramo stated I could provide sworn affidavits or bring individuals here who saw Mr. Bill Casbon…

    Commissioner Harper asked are you saying now that they can flush their toilets?

    Mr. Floramo stated they were always able to flush their toilets.

    Commissioner Harper stated so they all came here and said they couldn’t flush their toilets at times and they didn’t have shower pressure and these people were all just lying.

    Mr. Floramo stated no.  You have two statements there. Flushing a toilet doesn’t require water pressure.  Water pressure before the booster pump you cannot take a two story or single story residence with a 5/8th line coming from the street and hope to energize pressure wise the house.  Some of the homes within Falling Waters have smaller lines that come in.  I would recommend with the size of the homes an inch minimum and an inch and a half service coming into the house.  Now with the booster station in place we were in excess of 70 pounds of pressure coming out of these hydrants and whatnot.  It is doing exactly what it is suppose to do.  

    Commissioner Harper stated I have been out there over the roads.  You correct me if I am wrong.  I know what a pothole is.  I also know what it is when the road goes down like this.  That is not a pothole.  What is that?

    Mr. Floramo stated that is a failure above a sewer line.

    Commissioner Harper stated there are several of those places out there.   What are you doing about that?

    Mr. Floramo stated right now nothing. It acts as a speed bump.

    Commissioner Harper stated I am done.

    Mrs. Marshall stated in regards to the conservancy district, isn’t it formed to deal with certain problems as limited to a certain list of what is going to be done by the conservancy district.

    Mr. Floramo stated yes.

    Mrs. Marshall stated that went to the Court here in Porter County, which was signed, right?

    Mr. Floramo stated yes.



    Mrs. Marshall stated I thought this was a private subdivision where the roads were going to be and the county is not going to take the roads over.

    Mr. Floramo stated that is correct.

    Mrs. Marshall stated you said earlier that you are trying to get the roads to a place where the county is going to take them over.

    Mr. Floramo stated we would like them to just for maintenance and snow removal.

    Mrs. Marshall asked were the roads built to specs.

    Mr. Floramo stated absolutely.

    Mrs. Marshall stated I have a question about the sewer plant.  How come there are no holding tanks in that sewer plant?

    Mr. Floramo stated that is an active functioning sewer plant. The waste goes into the sewer plant.  The waste is then treated and then discharged through…

    Mrs. Marshall stated discharged where?

    Mr. Cap stated it flows into a sewer which discharges to a ditch.

    Mrs. Marshall asked have you done any testing on the quality of what the discharge is.

    Mr. Cap stated according to our permit we have to periodically monitor certain aspects of the chemical quality of the waste water coming in and the waste water going out. If I am not mistaken we have to check it out three times per week.

    Mrs. Marshall asked who is doing the monitoring?

    Mr. Cap stated our certified operator.

    Mrs. Marshall asked who is that?

    Mr. Floramo stated it is an entity and I can get you their name.

    Mrs. Marshall stated I don’t want this to be the fox watching the chicken.

    Mr. Cap stated we don’t either.

    Mrs. Marshall stated it is my understanding and I have first hand knowledge of this that you send pumper tankers down there to put this sewage on trucks and haul it off.  Is that true?

    Mr. Floramo stated that is a half statement. We had a lift station, Lift Station One an alarm would go off two weeks before the waste water treatment plant became certified. With the alarm going off and the potential waste that was in this lift station our permit allowed for a licensed Indiana waste hauler to remove it.  So instead of having it on the street we sent a licensed hauler to empty this lift station.  They did and we paid for it.

    Mrs. Marshall asked where do they haul it.

    Mr. Floramo stated wherever they are allowed to haul human waste. There are specific sites per their permitting through the State of Indiana.

    Mrs. Marshall stated but the sewer plant was not installed until this last year.

    Mr. Floramo stated I met before the Plan Commission with weekly or monthly progress reports when we were having that problem.

    Mrs. Marshall asked is it now adequate?

    Mr. Floramo stated absolutely.

    Mrs. Marshall stated Indiana American Water is separate from your organization.

    Mr. Floramo stated that is correct.

    Mrs. Marshall stated there must be a connection.  They are in your subdivision.

    Mr. Floramo stated I have no financial ties with Indiana American at all.  They are a separate utility company just like NISPCO.  They are a regulated utility company with the State of Indiana.

    Mrs. Marshall asked why wasn’t Indiana American Water not asked to this meeting?  These people are having water problems.

    Mr. Floramo stated I don’t think they are having water problems anymore.

    
    
    Mrs. Marshall stated as of a couple of days ago.  Were you aware that Indiana American was involved in a law suit because of an easement right to get the water to your subdivision.

    Mr. Floramo stated no I am not aware of that. We had an easement going to Double Tree Lakes of about 1400 feet where Indiana American who said they owned the water lines would connect to Falling Waters.  That is where we were bringing it.

    Mrs. Marshall stated that is the law suit that I am referring to.

    Mr. Floramo stated I don’t know if it is because I am not aware of your law suit. With me not being able to connect 1300 feet an infrastructure that has started, I couldn’t sell a lot without water.  So what we did was run it over two miles from 101st and Randolph to Falling Waters.  

    Mrs. Marshall stated I was in your subdivision in the last couple of weeks.  I found that the roads are just…it seems like you have a maintenance problem in your subdivision. Some of the homes in there are very, very nice but the garbage there.  It is unbelievable.  

    Mr. Floramo stated I wish I had an answer on how to control whoever is trying to make my life miserable in the subdivision by fly-dumping.  I think with the voices that I have heard relative to the roads…I am bonded.  The cash is there.  Porter County Highway Department has the money for the final lift.  They can do it tomorrow if they want.  I will be more than happy to do it.  As Mr. Harper pointed out the failures at the sewer line connections throughout the subdivision those would be patched just like we did at the north entrance when we had that failure that the Fire Department brought up.  We fixed it when the asphalt plant opened.  Before I put my final lift on all of those depressions that you mentioned will be corrected because the road will be…

    Commissioner Harper stated at the north gate there was a hole in the ground that was huge.  It wasn’t a little patch.  They had a fire.  People drive around those roads. You cannot tell me that you are watching what is going on in that subdivision and have a huge gapping hole that big and not even have some saw horses or signs or anything else above it.  There is no excuse for that.  You are not are taking care of that property.  

    Mrs. Marshall stated I think that we need to identify…I think that some thing’s have been overlooked.  We need to


identify where this treated water goes from the sewer plant.  I am concerned about the roadside ditch and where it goes.  I am concerned about the quality.  Some people claim that the water maybe contaminated.

    Mr. Floramo asked do they have a basis for that statement?

    Mrs. Marshall stated I am not an expert at that and I just know that you have to have a source as to where it is going. We heard last time that there is even debris floating in some of the waters over there.  Mr. Don Plumb lives in the subdivision and he made the statement that he offered and has contacted you to the fact that he would provide a map to the fire department to identify the addresses and so forth.  I don’t think you could rely on some government agent here to supply the fire department with a copy of your subdivision.  I think that is your responsibility and especially since in the initial thing that I read and I wasn’t here when it was approved, was that you were going to give some money to the fire department, which I believe has never been done.  Is that correct?

    Mr. Floramo stated no.  I have given the fire department to date $138,000 cash.

    Mrs. Marshall asked is that the Lake Eliza Fire Department?

    Mr. Floramo stated yes.

    Mrs. Marshall stated with the telephone system I understand that the fire call went to some place on the other side of Lake County came back to Crown Point and then went to the Lake Eliza Fire Department for them to identify where the house on fire was.  

    Mr. Floramo stated if you have a voice over the internet phone system if you do not register the “911” address with that system you may have that problem.

    Mrs. Marshall stated it seems that the conservancy district is collecting money…who is doing the bookkeeping.

    Mr. Floramo stated it is also reviewed by an independent CPA, Carl Sender, who puts the financial work together for the conservancy district.

    Mrs. Marshall stated so every year you send out a statement to these people that live there and they send you $600 or how does that work.




    Mr. Floramo stated that is two different entities.  You have the Home Owners Association, which in December we send and prepare if you are a vacant lot owner or a homeowner, an invoice for the 2007 season $600 is due.  The Falling Waters Conservancy District sent out a coupon book for a 12 month period for the sewer charge.  Both of these are the checks that we receive.  Sewer goes to the Falling Waters Conservancy District.  So that check is drafted independent account, independent entity that I submit to Mr. Senders for review.  The $600 or $350 is written to the Falling Waters Home Owners Association, which goes into that entities account.

    Mrs. Marshall asked who is in charge of that.

    Mr. Floramo stated I am on both.

    Mrs. Marshall asked so you determine where the money is going to be spent.

    Mr. Floramo stated per my deeded covenants that are recorded and that is what it says. As I mentioned before, I am willing to draft something to turn over this to the home owners and let them collect the money.  There are individuals who are in arrears then try to pay the snow individual who just gave you a $1200 ticket for a weekend because it snowed 27” and there is $18 in the account.  That is not fair to him.  There is a lot of responsibility with this.  If the minority group of residents meaning you have 143 who have closed and certain people…if they want to handle this, I am more than willing to turn this over, funds responsibility and everything.

    Mrs. Marshall asked what is the responsibility for the group for the grass.

    Mr. Floramo stated you have common areas.  You have the front gates, certain areas that are common grounds.

    Mrs. Marshall stated I didn’t see any mowing.  It looked like a jungle out there.  

    Mrs. Marshall asked when this is all done are you going to have a gate at the front that limits only the people that live there or that know people who live in there.

    Mr. Floramo stated people who live there.  A visitor would have to call in through this intercom system to a resident’s home to let them in and out.




    Mr. Read stated I think overall you have a very nicely designed subdivision.  It is very attractively laid out but there have been these slips.  In the matter of the fire hydrants, where you responsible for assigning somebody to design the fire hydrants system.

    Mr. Cap stated I am the engineer and I designed them.  We have already adjusted hydrants up or down at least twice.  

    Mr. Read stated I assume that you also put in or designed the roadways and the curb is at one elevation and the hydrant is below the level of the curb.  Was that according to the drawings?

    Mr. Cap stated if you are referring to the fire hydrant that is about 150 feet south of Division that water line was placed there first before that north entrance was created and that north entrance was created as an after thought.  It was a very strong suggestion or recommendation requirement from the Plan Commission that we create that north entrance on Division at that place.  We were allowed to put the road into Division.  That matter of adjusting what will be a cul-de-sac at that end was left for another time.  That required us to literally shift what was intended as a cul-de-sac where that fire hydrant was shift that whole right-of-way about 15 or 20 feet to the south.  So that fire hydrant is too low.  It was intended for a different plan and that is one of the hydrants that is on this deficiency list that we have to adjust to the current grade of the road.

    Mr. Read asked did you do the design to the roadway to CR 100 N.
    
    Mr. Cap stated yes.

    Mr. Read stated you must have been aware of this discrepancy in height at some time long before this.  

    Mr. Cap stated we expected to be farther along with adjusting that northerly cul-de-sac.

    Mr. Floramo stated previously I stated that Indiana American had valved off certain hydrants. We did not have the booster pumping station. Some of these hydrants were never energized. So this hydrant even though aesthetically is below the curb there are no residents around that fire hydrant for the need of that fire hydrant.  Now with the booster pumping station functional this can be changed.

    Mr. Read stated now the matter of the water pressure and the size of the piping into the homes.  Who determines the size of the water supply pipe to the house?

    Mr. Cap stated Indiana American is the seller of the water throughout this part of Northwest Indiana.  Some of the first houses that were built in the subdivision were allowed and we had no input in that whatsoever, to lay in and buy from the water company a 5/8 service.  When we heard about this, we immediately conferred with the water company and we wrote a letter.  We strongly encourage the water company not to allow any services less than one inch in diameter for these very reasons.  To be honest we still don’t monitor what the water company provides. We did have a meeting with some of their field personnel when the booster pumping station was energized and some of these people indicated there are probably too many smaller size services serving some of the houses in the subdivision.

    Mr. Read stated you said that the water company allowed these smaller pipes.  

    Mr. Cap stated we don’t do the taps and we had no interaction with the water company so we wouldn’t know.

    Mr. Read stated so the people who have undersized pipes to their houses who do they look for if they have to replace them.

    Mr. Floramo stated the individual who installed them which was the water company.  

    Mr. Burns stated you are responsible for the main pipe out there.  Don’t you put buffalo boxes on each lot?

    Mr. Floramo stated no.

    Mr. Burns asked why not?

    Mr. Cap stated presuming you are in a municipal water system.  This is a private utility owned water company and I can’t site you chapter or verse but we got stern lectures and warnings about trying to provide ahead of time, service taps and the buffalo box and whatever.  It had to do with utility regulations and I suppose union work rules as well.

    Mr. Floramo stated my recollection of that regarding negotiations with American Water because our subcontractor who installed the water system had taps included but Indiana American voiced the concern with the creativeness of these lots and the 80 foot elevation changes and what not no one knew what houses were going to be place where on the site.  So if a buffalo box was installed it may be in the middle of the driveway.

    Mr. Burns asked was this a cost saving maneuver?


    Mr. Floramo stated no.

    Mr. Cap stated they didn’t want us to do the taps in.

    Mr. Read asked who does the home owner have to call to get a new water line if it is necessary.

    Mr. Floramo stated have them call Mr. Roberto Pena from American Water, 219-880-2360.

    Mr. Read stated you were responsible for arranging to have the roadways…you wrote the specs for them.

    Mr. Cap stated that is right.

    Mr. Read asked how much double checking did you do for the sub-base.

    Mr. Cap stated we proof rolled it if that is what you mean. We had previously had soil samples taken to better understand what the underline material was.  The storm sewer system is designed with a perforated pipe as an under drain.  We are confident that we drain the sub-grade of moisture.  Before we placed the stone base we checked to make sure we would get the required depth.  This proof rolling that I’m referring to occurs after the sub-grade was compacted. The stone base was also proofed rolled after they compacted it before it was primed with asphalt and then the binder was place.  During the placement of the binder we would periodically check to measure that we were getting the compacted thickness of asphalt.

    Mr. Read stated some of that fill was many feet.

    Mr. Cap stated generally speaking the lifts for the fill were specified to be placed in eight inches and then compacted.  We had a staged construction where across some of these ravines where we had the fill we first placed the culvert pipe and then started filling over that so we were doing that in stages and then also at the same time constructing some of the retaining walls on either end where we needed it.  The lifts were eight inches.  We also allowed the sub-grades to winter one season.  We finished the earth work in the fall and the stone base and asphalt was not placed until later in the summer the following year.  

    Mr. Read asked did you get eight inch lifts?

    Mr. Cap stated I would say they were.

    Mr. Read asked did you have a field man out there checking?

    Mr. Cap stated yes we did.

    Mr. Read asked what kind of sub-grade did you have prior to your fill?

    Mr. Cap stated if you are asking did we strip off the top soil, of course we did.  As I said, we had fairly extensive soil investigation done before hand so we knew that generally the soils on the site were suitable for roadway construction and to be very direct about it we put the roads where the soils were good.  

    Commissioner Harper stated I would like to ask a question.   If American Water puts in this water system, do you pay American Water to put that in?

    Mr. Floramo asked the water taps?

    Commissioner Harper stated no, the lines.

    Mr. Floramo stated they tap the water lines.

    Commissioner Harper asked who puts the water lines in.

    Mr. Floramo stated there are three components.  You have what is called a 12-inch water main that I installed at the curb.  Indiana American is hired by the consumer, whether it be the builder or the home owner to tap that 12-inch main to a shut-off valve box. The contractor who is constructing the home the plumbing subcontractor runs from that shut-off box into the house.

    Commissioner Harper stated the water lines running through the subdivision were put in by you.  Did you do it or did you hire a contractor to do it.

    Mr. Floramo stated a sub-contractor.

    Commissioner Harper asked who is that.

    Mr. Floramo stated a company out of Frankfurt.

    Commissioner Harper stated then there is a contractor who put in the septic system.

    Mr. Floramo stated the company from Frankfurt.

    Commissioner Harper stated they put all of that in.

    Mr. Floramo stated yes and the storm.

    Commissioner Harper stated so if we looked at how much you paid them we would know if you paid 7.5 million dollars of infrastructure in the subdivision.

    Mr. Floramo stated no. As Mr. Hollenbeck stated I will submit to you from the conservancy district the list of what the 7.6 million dollars of assets that were acquired from the conservancy district.

    Commissioner Harper asked does the conservancy district look at how much you had to pay to put those in.

    Mr. Floramo stated it was my understanding when I was, this wasn’t a choice of my but the Planning Commission, I was told that the conservancy district had to be used because I was installing my own waste water treatment plant.  The concern at that time the financial stability of a Home Owners Association shouldn’t be running a waste water treatment plant.  So it was required from the Plan Commission to form this conservancy district. That is when we contacted Mr. Hollenbeck.

    Commissioner Harper stated apparently you have received 7.5 million dollars from the conservancy district.

    Mr. Hollenbeck stated the conservancy district acquired the infrastructure.

    Commissioner Harper asked who owned the infrastructure when they acquired it.  Who got the check for 7.5 million dollars?

    Mr. Hollenbeck stated Mr. Floramo or his company.

    Commissioner Harper asked how much money did you spend on the infrastructure that they bought.

    Mr. Floramo stated as I previously stated I don’t have that data in front of me.

    Commissioner Harper asked are you willing to give us so we can see how much you have spent to these contractors.

    Mr. Floramo stated I was not allowed to charge overhead profit on the installation of this infrastructure so I sold it back to the conservancy district.

    Commissioner Harper asked do you have any interest in these companies that installed it.

    Mr. Floramo stated no.

    
    Mr. Cole stated I will prove to be very unpopular at this point.  I don’t have hardly any questions but I do have a lot of comments.  I made several visits to Falling Waters and I saw much of what has been complained about and attested to by a number of the home owners and I see fault.  However, let me make these comments and let me make them public and to the home owners themselves.  I did see vandalism and graffiti. Much of that Mr. Floramo was not responsible for.  He is responsible for cleaning it up but he didn’t do it.  Somebody else did.  NIPSCO went through and clear cut all of the trees under their power lines and as they had proved throughout the county they have done that throughout the county and have left the mess for everybody else to look at.  It is there and NIPSCO did that.  Mr. Floramo did not do that.  The top soil and mulch stock piles that people have pointed to out there as part of the garbage problem is a standard feature of all developing subdivisions.  It is the stock pile of valuable soils and mulches that are going to be used and eventually will disappear when the subdivision is for the most part complete. Concerning the roads, I saw potholes.  I saw potholes in the county roads.  I see potholes in the city roads. I didn’t see a whole lot of difference between the potholes in Falling Waters and what I see in the county. Mr. Floramo was not responsible for going out and breaking up the roads. The winter weather did that.  This is one of my concerns.  When the asphalt plants reopen for warm weather I’m sure or at least Mr. Floramo has said that he is going to go out and fix those potholes.  The collapses, yes.  They should be protected. As Mr. Harper pointed out earlier, why aren’t there saw horses around those collapses in the road?  In regards to the water pressure problem, obviously there is a failure of communication.  There is a lack of cooperation.  I am not sure if Mr. Floramo ticked Indiana Water off somehow that they don’t want to cooperate but evidently he has cooperation problems of a number of providers out there.  It seems rather strange to me.  You would think that Indiana Water, NET NITCO and a few of the other providers would be anxious to get in there and get more costumers.  It seems strangely curious to me that they have let it ride as long as this before cooperating and providing services.  E-911 was a scary prospect.  The State of Indiana needs to get into this and look at it in considerable detail.  Mr. Floramo did not prevent that 911 message getting to the proper fire department. That problem was with Comcast and their E-911 feature.  We have heard earlier a year and half maybe two years ago about the vandalism, the equipment failures, the delay of installation, the delay of delivery and I think at that time and I am listening to Mr. Floramo on this, that he went as far as storing the waste in tanks and having it pumped out at his expense so that nobody would notice the inferior quality of sewage treatment or the improper handling of the sewage treatment during this time period


when he could not get cooperation from another provider or that he was having vandalism problems. I think he went over and above what many other developers would have done. The conservancy district, I have talked with Mr. Hollenbeck and I have talked with a couple of other conservancy district functionary’s and it seems to be handle pretty much in the standard way that most conservancy districts in the State of Indiana are handled. I don’t know, maybe we do need to see the books.  He has offered the books and it is public record. Now getting back to the sewage water treatment plant.  They are tricky little things these package treatment plants that trailer parks and some small subdivisions do end up installing in their areas.  You do have to maintain them and write a report.  That report has to be submitted to a State agency.  I think to a county agency but I am not sure on that.  I do know from past experience of at least two of such package treatment plants and the operators of these plants never filled out a report.  The State failed to recognize that a report was not being submitted.  The county failed to recognize that a report was not being submitted.  It took a couple of years and a lot of work on some dedicated citizens to get that turned around.  However, as we understand it, this is a weakness and this is a weakness on the part of the State. Point of reference in one particular case the certified operator of the sewage treatment plant didn’t know where the key was and the door had not been unlocked in two years. Hopefully, that will not happen at Falling Waters. That will be probably up to Mr. Floramo in the meantime in the interim period before the conservancy district itself actually takes control and that will be up to you property owners of watching that. You are going to have to take some action yourselves and do some things that are expected of a  community and a community that works together.  I am not taking the blame entirely off of Mr. Floramo but I have heard a number of complaints that I found very interesting.  Let me go through those complaints.  The graffiti, Mr. Floramo didn’t do the graffiti. He will get the graffiti cleaned up I can guarantee that.  Some of that graffiti and some of that garbage has been there for more than a year and it should have been gone in a week.  I went through a subdivision yesterday and there were homes being built.  There was not one sign of garbage in the road or dirt in the road.  There were no cars blocking the road.  It was a very clean subdivision and very clean builders.  There was a lot of responsibility being taken by the builder because that developer insisted on it and that developer checked on it. I heard a complaint that somebody has a big sign on their property that says “no trespassing.” That is not Mr. Floramo’s fault.  That is the neighbor.  I took several trips through Falling Waters.  Yes, I saw some problems and yes they need to be attended to.  I did not find the level of problems that has been presented to us or to some of our people on this Board. The major


problem that I see at Falling Waters is perhaps people taking action into their own hands and maybe destroying what the attempt was to be.  I don’t know what the problem is with the fire department. I would like to have the fire department talk.  The major problem that I see here is the lack of immediate attention and action to emergency details.  I guess that I am at a loss, if all of this dumping and all of this sabotage has occurred why there hasn’t been security patrol.

    Mr. Floramo stated there has been.  

    Mr. Cole stated maybe you need a neighborhood watch group. We have a neighborhood watch group in our neighborhood.  Some of the responsibility does fall on your shoulders.  Mr. Floramo cannot afford the kind of security it is going to take to watch every corner, every unbuilt road in that subdivision.  I saw a number of areas out there in which the garbage, the port potties in the road is from the builder.  Mr. Floramo could go out there and hold their feet to the fire and maybe he has.  I don’t know.  All I know is that I see a lot of furrier and one poor man sitting up here is trying to be responsible for it.  I think he could be more responsible for it and I think he does need to do something and he needs to do it fast.  He promised us a year ago that he was going to be doing something and we saw some action but we need to see some more. Things could be better at Falling Waters but I don’t think that they are quite as bad as you have lead on.

    Mrs. Stevenson stated for the homeowners out there that I just want to let you know that I don’t want you thinking that with Mr. Cole’s statement that we are dropping you in the grease or anything.  We do feel for you and that is why you are here and that is why we are trying to address these issues right now. Mr. Floramo I would like you to know that you did pick beautiful  property for Falling Waters.  You did choose beautiful property in Porter County and I thank you for that.  You attempted to make a beautiful subdivision.  There are some problems.  The home owners came to us as a last ditch attempt because they couldn’t get a hold of you.  You can say that you answer your phones and whatever you want.  The bottom line is these people came to us because there were serious problems in their subdivision.  I have went out there also.  I know there are problems and you know there are problems.  If they can’t get a hold of you, that is an issue.  You need to communicate with the home owners better.  If they are paying for this Home Owners Association they need to get a hold of you.  You said that you have a meeting once a month.  Do all of these home owners go to that and how often?

    Mr. Floramo stated there has only been two meetings.

    
    Mrs. Stevenson asked in how many years?

    Mr. Floramo stated the first…

    Mrs. Stevenson stated you said you purchased the property in 1999.

    Mr. Floramo stated it wasn’t ready for sale until 2002 or 2003.

    Mrs. Stevenson stated so the people started purchasing property in 2002 or 2003.

    Mr. Floramo stated yes.

    Mrs. Stevenson stated my point is that these people have not been represented as far as when they have a problem to call you and address it or to go to a meeting.  Two meetings in all of this time is not quite fair.  You have to take some responsibility also.  You have to listen to their complaints and you have to listen to what is going on in your subdivision.

    Mr. Floramo stated with today’s technology and the internet in all of our meetings and when we send our welcome letter to our new residents we ask for their e-mail address.

    Mrs. Stevenson stated I know for myself if I have a problem I would rather speak to the person face to face or over the telephone. These people appreciate it if they can talk to you or see you and if you really exist.  They have serious issues and they want to deal with you. If you live in Illinois, you need to have someone check on the subdivision a few times a week and maybe more.  If you paid for snow removal, you got an awful job.  You did not get proper representation so you need to do something with who you hired.  These people will attest that they did not get proper service out there when they needed it. Once the final lift is put on the road and if the road breaks down again, then what happens if it gets pot holes or sink holes, who is responsible after the final lift is on.

    Mr. Floramo stated that is a difficult question.  The heavy construction traffic for a new residence after the final lift is down runs a risk of damaging that lift. You have concrete trucks, you have drywall trucks, you have earth being moved in and out. As Mr. Read pointed out, some contractors if they are not watched and an excavator unloads at the street and that backhoe or whatever is used to dig the hole is a tractor machine it will damage the road.  That builder needs to be responsible for repairing the damage that they created.  Sometimes this is tough


to prove especially if you have multiple homes under construction and multiple concrete services.

    Mrs. Stevenson asked is this going to be dumped back onto the home owners.

    Mr. Floramo stated it is going to be dumped back on the person who owns that lot contracted with the builder to fix something that they broke.  

    Mrs. Stevenson stated what about the beginning of the five miles.  Let’s say right there it gets another sinkhole. If there is so much traffic going in and out how do you know who is responsible for that?  Nobody is going to know. You can’t go back on anybody.

    Mr. Floramo stated there has to be a stopping point.  I cannot be financially liable for a thousand years for the roads in Falling Waters.

    Mr. Burns stated what some developers do is put a surcharge on the lot.  When a contractor purchases a lot they put a thousand dollars or five hundred for the obvious damage.

    Mr. Floramo stated we do that too.

    Mr. Burns asked do you charge the contractors for clean up?

    Mr. Cap stated we have the charge and then it goes back to what we were describing as Schedule B process.

    Mrs. Stevenson asked what can the home owners expect when they call you, voice mail?

    Mr. Floramo stated no.  I want to make sure that my 260 lots, which are close to 25 million dollars I am able to sell. So I am thinking of turning over to the Home Owners Association on these maintenance items grass cutting, snow removal the home owners…as my covenants state at 75% owner occupancy transfer deed I turn over to the Home Owners Association.  Now the Home Owners Association elects their own Board, they set up their own committees, they collect the money, they disperse the money and they handle the maintenance of the subdivision.  

    Mr. Breitzke asked Mr. Floramo would you commit to having a regular Home Owners meeting quarterly.

    Mr. Floramo stated yes.



    Mr. Hutson stated you are willing to commit to some meetings with the home owners.

    Mr. Floramo stated yes.

    Mr. Hutson asked when is the next meeting?

    Mr. Floramo stated May 3 and I will be present.

    Mr. Hutson asked when will the street signs be fixed?

    Mr. Floramo stated I don’t know what the time frame is.  I think it is a four week schedule on ordering those.

    Mr. Hutson asked how about the lights?

    Mr. Floramo stated there is a six week schedule before I get the heads.

    Mr. Hutson stated you said you ordered new parts for the main gate. When will that be installed?

    Mr. Floramo stated I would say by the end of May.

    Mr. Hutson stated the retaining walls are actually your responsibility.  When do you think those will actually be fixed?

    Mr. Floramo stated component A of the retaining walls are the fences which I have hired an individual to fix the fences on the retaining walls.  The retaining wall that is not complete on the north end, Mr. Cap will verify with Porter County tomorrow on the recording of that approved renovation at the north end.  We will move the road and fix the retaining wall.

    Mr. Hutson stated the buried hydrants.  Are there still a couple of those buried and if so is it possible to get those fixed pretty soon?

    Mr. Floramo stated we are right now on going part of Porter County Highways request on adding the additional inlets and what not.  The crews were out there and they were also adjusting valves and hydrants. In two weeks that should be done.

    Mr. Hutson stated you are talking about the fences around the vistas.

    Mr. Floramo stated that is the retaining wall.

    Mr. Hutson asked is the guard house really a guard house?

    
    Mr. Floramo stated no.

    Mr. Hutson stated it sounds like you have some pretty good security issues out there. I don’t understand.  It seems almost cheaper in some cases because it seems you have a lot of damage, to hire somebody full time 24 hours to man that guard house.

    Mr. Floramo stated when we had the parade.  I had two individuals there 24 hours for seven days.  I still had the problem.  It has changed by the installation of the rear gate.  We have succeeded with the waste water treatment facility meaning that it is up and running.  The suggestion had come up is to take cameras with 24 hours internet hard drive system pointed at the guard house and the other areas and you run them and it is good for a week.  You review the tapes.  My problem is once I find someone who has done something or potentially has done something I have no recourse. The Sheriffs Department turned me down relative to license plates, relative to…

    Mr. Hutson asked what was the reason they turned you down?

    Mr. Floramo stated it was minor stuff.

    Mr. Hutson stated I have some questions concerning the builders. It looks like to me that some of the builders changed the grading and even covered some of the drainage that is out there. You recover the fees from these builders a clean up charge with that do you charge them a little extra.

    Mr. Floramo stated we just started doing that.

    Mr. Hutson stated you have homes approved by an architectural team.  Who is the team?

    Mr. Floramo stated me and Mr. Cap.

    Mr. Hutson asked how many builders are out there?

    Mr. Floramo stated 6 to 8 builders.  These are builders that bought lots from me.  There has been a lot of occasions where a home owner would buy a lot and then hire an independent builder to build that home, which is not one of my builders because they didn’t take the risk of…

    Mr. Hutson asked do they still follow your…

    Mr. Floramo stated absolutely.

    Mr. Hutson stated some of the builders that already have


homes out there that are currently being built has some issues lets say with covered manhole covers, is it possible to encourage them somehow to get those removed for maybe the drainage that is out there.

    Mr. Floramo stated yes.  

    Mr. Hutson asked you guys still have a website.

    Mr. Floramo stated yes sir.

    Mr. Hutson stated one thing that I am not very happy about and I am relatively a new Plan Commission member.  Did you ask permission to actually put that…from the Planning Commission members…on that website there is a picture on the website of some of our members accepting a Governor’s Award.  Did you ask permission to post that on your website?

    Mr. Floramo stated I was in it with the Governor.

    Mr. Hutson asked did you ask the two other individuals?

    Mr. Floramo stated I don’t recall if I did.  

    Mr. Hutson stated I don’t like that perception. It’s this buddy buddy system.  I don’t appreciate that being on there.

    Mr. Floramo stated there are just pictures of me with the Governor.

    Mr. Hutson stated that would be much better.

    Mr. Detert stated I appreciate Todd getting some commitments made.  I think that the developer has done some things.  I drove through there tonight on my way to the meeting and the front was paved.  The back hole was patched.  I didn’t pull any punches with Mr. Cap when we are out there but that hole was not guarded properly. It is not so much that you weren’t using the gate. There are a lot of kids and maybe some of the vandals are probably running bikes or ATV’s or anything else out there that could have gotten hurt or maybe killed.  I don’t think you want to be responsible for someone’s death. It is fixed now. Relative to the hydrant that was at the back entrance that was set improperly, that back entrance was changed by the Plan Commission at our insistence because we didn’t like the other plan. I think if you are going to have a closed community you really need that gate working and I guess you got it working now. As far as the potholes are concerned I didn’t see anything abnormal other than the big depression.  There were a couple of


places where it was sinking some but I didn’t consider them real serious.  It has always been that the Plan Commission not ask the developer to put the final coat on until the construction is done. I think tonight you have offered to go ahead and put it on or let the people put it on.  I think that it is a mistake on their part they will live to regret because of all the construction traffic in there tears up the roads.  Did you have a superintendent that was on site all the time.

    Mr. Floramo stated yes sir, for ten hours.

    Mr. Burns stated I have nothing to add.

    Mr. Breitzke stated I would like to address the Governor’s Award since someone brought that up. That was also received the same year by Harrison West and the City of Valparaiso. The City of Valparaiso Recycling Department got an award.  Porter County accounted for three or four out of six awards that Governor Joe Kernan gave out that year for the concepts of what was presented.  This was 2002 or 2003 based on traditional neighborhood design, the open space, the conservation practices that are now in our storm water manual.  The whole idea of having livable community’s.  This is the thing we were really trying to put forward. So be aware that this is what that award is really about was the concept and the proposal put forward.

    Commissioner Harper asked have you cleaned up the mattresses and the concept on the lots.

    Mr. Floramo stated no.

    Joan Kenevan, 87 Levanno Dr.  At this time, Mrs. Kenevan submitted pictures from Falling Waters of the debris in the subdivision.

    Dr. Peter Gutierrez, 729 Cirque Ct.  There were no trees cut down by any utility company because all of the utility are underground.  Mr. Floramo told us repeatedly that he was building a waste water treatment plant. He asked my nephew who was in that business and we had our own construction company to look at it.  We met with Mr. Cap and I never heard the conservancy district ever mentioned.  It was all Floramo Partners is building.

    Bob Jones, 74 Morena. I am responsible for building 25% of the houses in this subdivision.  I cannot believe and I am absolutely shocked that the builders are being thrown underneath the bus here.  The people here can attest to the kind of work that I do as a builder. There are some builders that are renegades, yes.  Not all of us are doing what we are supposed to


do, but before any of you throw in with this poor man and don’t talk the residents or bother picking up the telephone and calling the builder who is responsible for building 25% of the houses in this subdivision.  I can tell you what the residents have been doing.  They have been cleaning the trash, they have been buying bush hogs and driving bush hogs.  I bought 230 pounds of salt because I feared for the kids and the animals at the end of my street.  Also in my opinion, I don’t think all the builders are the problem out there.  

    Mr. Breitzke asked are you asking the Board to lift the moratorium on building that we set two weeks ago.

    Mr. Jones stated I would love that.

    Commissioner Harper asked how much presence does the developer have out there in the last twelve months.  

    Mr. Jones stated as far as employees of Floramo Partners there was one agent there was one representative, maybe, from Floramo Partners. It was a builder and a resident out there.  As far as steady activity, a Floramo Partners truck somebody being out there to take a look at the problems and address problems there would be weeks where I wouldn’t see anybody.

    Commissioner Harper asked what do you think that are some of the problems that the developer has.

    Mr. Jones stated I was under the impression that this Board was to hear safety issues, mostly.  We have talked about the pot holes; we have talked about the lighting.  The water pressure is wonderful. At least I know in my house the plumber has been busier that hell going around picking up wing nuts that were too loose in the past.  I would like to see the security system up and running.  I have been informed now that it is adequate and able to run.

    Mr. Floramo stated Ms. Stevenson you mentioned earlier relative to communication and communication with individuals. Mr. Jones every time you attempted to call me or left a message have I been prompt in returning your calls.

    Mr. Jones stated Mr. Floramo has either picked up my call or returned my call.

    Mr. Floramo stated I was trying to bring up a point that communication when Mr. Jones had an issue or a question or a problem and I commend Mr. Jones in spite of his passion here on being part of my eyes out there on certain things.  He has taken


upon his self to perform or help in whatever and I thank Mr. Jones for that.  

    Commissioner Harper asked have you called about the mattresses, the garbage and the concrete.

    Mr. Jones stated I have tried taking most of these matters into my own hands.  

    Mrs. Stevenson stated I would like to address what Mr. Floramo