MINUTES OF MEETING CELEBRATION COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 MINUTES OF MEETING CELEBRATION COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Celebration Community Development District was held Wednesday, at 6:00 p.m. at 851 Celebration Avenue, Celebration, Florida. Present and constituting a quorum were: Richard Quinn Peter Crow (by phone) Steve Katz David Stofcik Linda James Also present were: Gary Moyer Tom Lang Colt Little Larry Walter Matt Forbes Amy Arrington Bill Neron Brian Smith Rick Woodville Brenda Wright Danny Bumpus Charlie Eldridge Alex Morton Members of the Public FIRST ORDER OF BUSINESS Mr. Quinn led the Pledge of Allegiance. Chairman Vice Chairman Secretary Supervisor Supervisor District Manager: Severn Trent Services Attorney: Shuffield, Lowman & Wilson Attorney: Shuffield, Lowman & Wilson Engineer: Hanson Walter Disney Imagineering District Manager s Office District Manager s Office District Manager s Office District Manager s Office District Manager s Office Resident CROA Resident Pledge of Allegiance SECOND ORDER OF BUSINESS Roll Call Mr. Moyer called the roll and stated a quorum was present. THIRD ORDER OF BUSINESS Public Comments Mr. Danny Bumpus stated I live at 607 Front Street. My neighbors and I would like to make Front Street a one way street. We presented this to the CROA Board Monday evening. On Front Street there is parallel parking on both sides and although it is a two-way street there is only room for one car. I took a picture last week where two cars were there for 45 minutes

2 and neither one would back up. Finally, the Sheriff had to come and get one of them to back up. It is dangerous, which is why we would like to make it one-way. We need Mr. Walter s approval and then talk with the County to get the process started. The parking could remain parallel or at angle, whichever the County prefers, but making it a one-way street would be a major improvement over what is there. Mr. Quinn asked could you describe which way you want it to go one way? Mr. Bumpus stated my idea is to make it one way from Celebration Avenue toward town because if you are on Celebration Avenue making a left turn, if you turn the other way, you might get caught half way between making a left turn and realizing you cannot turn that way, which could cause an accident. Also, by doing it that way, it would stop the speeders coming from the restaurants downtown up through our neighborhood. If the Traffic Engineering Department wants to do it the other way, it does not matter to me, but the key is making it a one-way street. Mr. Katz stated we should pass this on to our staff to make sure we know what to do. Mr. Quinn asked would this go all the way from Celebration Avenue to Sycamore or just Celebration Avenue through Mulberry Street? Mr. Bumpus stated through Mulberry Street where the curb is and there are eight or nine home businesses, which most of it is 100% business at this point. Mr. Quinn stated we will refer to our staff as to what we need to do. Mr. Alex Morton stated I live at 921 Jasmine Street. You have probably gotten the information on the proposed change to the DRI by the Celebration Company. It is being presented tomorrow at the Planning Council with a vote to occur on May 27, I am asking this Board to send a representative down there, preferably Mr. Katz. We are asking for a 90-day extension so we can study it more and along with a representative from the CDD and CROA. Mr. Quinn stated it is on the agenda tonight for the representatives of the Celebration to make the same presentation that they on Monday night to the Home Owners Association. Mr. Charlie Eldridge asked what authority does this Board have in the issue of the DRI changes? I brought up questions as to its affect on the school, but there is also the question of how the increased residential traffic is going to affect downtown parking, which is already a 2

3 problem. I know that parking in the streets is part of your purview, but there are still limitations on what you can do about development. Mr. Katz stated if there was a change to any of our rights in the Development Order we would have authority to say something, but I do not see any changes because I do not know if they have effected that document or not. Mr. Charlie Eldridge stated my understanding is that it is a significant change they want to make in adding residential use to certain parts west of Celebration Boulevard so they can have condominiums, rather than just hotels and commercial space. My contention is that adding any more residential is going to impact the schools and the downtown area. Mr. Moyer stated what we would consider in this type of an application is whether it has any affect on existing systems that the District operates and maintains or capacity of those systems. If the Water Management Plan, as an example, was sized to take run-off from that area at a given density and there is going to be more run-off that would affect the carrying capacity of the system, yes that would be an issue that we could appropriately comment on. If that is not case we probably do not have a position. Mr. Quinn stated it does not mean that we are not an interested party to the discussion. Mr. Eldridge stated one other item on the agenda regarding Carlyle is amending the agreement you have with them. I am speaking on my behalf and have not been sanctioned by the Board of Director of CROA to say anything here, but I did want to mention that the Carlyle organization has made a gift to CROA to help us with parking issues on our private property downtown area and it was very much part of their dealings with you and I wanted pass on my personal thanks to the CDD Board for making that possible. Mr. Quinn stated I did not know we made that possible, but if Carlyle has made a magnanimous gesture like that to the town to help with the parking, I thank Carlyle for it. FOURTH ORDER OF BUSINESS Approval of the March 15, 2006 Regular Meeting Mr. Katz stated I move to approve the minutes as amended with corrections made through and at this meeting. 3

4 On MOTION by Mr. Katz, seconded by Ms. James, with all in favor, the minutes of the March 15, 2006 meeting were approved as amended.. FIFTH ORDER OF BUSINESS Consideration of the Second Amendment to the Carlyle Exchange Agreement Mr. Katz stated at the last Board meeting we received this document, but it did have some substantive changes from what we have been asked to receive at closing, so we rejected it. During the interim month there was a lot of back and forth calls, but there were some contingencies that would be received and they were not able to be received in the form as described. Mr. Hempel and I discussed the substance of what it is we are looking for and they agreed to provide what they had. I looked at it and it was close to what we needed, but not exactly what we were looking for. The Second Amendment reflects the changes that I made with Mr. Hempel and instead of having a Certificate of Completion for the two parcels, we have a letter from Osceola County Engineering Department approving the inspections of the property, so it is somewhat equivalent to that type of form. In the letter he also says that he does not provide that type of document for something that is not completed. Essentially, the Second Amendment does change that contingency and updates the Special Warranty Deed with the current notices, one of which is our own notice of a bond issue that we did for the refinancing. Our role tonight is to approve the Second Amendment to the Exchange Agreement and sign all of the documents after this meeting. On Motion by Mr. Katz, seconded by Mr. Stofcik, with all in favor, approval was given to the Second Amendment to the Carlyle Exchange Agreement. FIFTH ORDER OF BUSINESS District Manager s Report A. Financials Mr. Moyer stated the financial statements are included in your agenda packet for your review. Mr. Katz stated I think it would be helpful if we had the construction funds for each of the bond issues as we have the debt service funds by separate pages. If there are any 4

5 distributions to be made out of the construction fund, we should have those before they are made so we can approve them. With some of the construction expenses there are no funds left and the developer would have to pay for those. Lastly, since Ms. Stuart is not working with us anymore, if there is going to be a capital expenditure, Mr. Lang s firm is going to have to deal with that and the developer will need to know that he does not have the institutional background. Mr. Quinn stated last month at the Osceola County Commission meeting, Ed Hunsinger made the announcement that Osceola County had finally received their anticipated payments from FEMA for the 2004 hurricane season. What is the status of this District as far as our claims to FEMA? Mr. Smith stated we did appeal the original offer and they are coming tomorrow for a meeting here in Celebration with us and we will have the opportunity to talk with them. Amy Goodman from PBS&J did the applications for us and they are going to discuss the appeal process and we can finalize this. Mr. Katz asked on the debt service fund, series 1994, there is a negative in the other sources in the amount of $293,556. Mr. Woodville stated that is the net affect of the transfer out for the 2005 issue. Mr. Katz asked is that the remaining money left? There is $278,244 still sitting in the debt service series 1994 fund and that should be zero by now. Mr. Woodville stated that balance relates to the 2005 issue and just needs to be transferred out. Mr. Katz stated in the 1999 debt service fund what is the interfund transfer in and where did it come from? Mr. Woodville stated it had to do with money being transferred by the Trustee from the Trust Statement. Mr. Katz stated it came from the 2002 bond issue. This is the first time I have seen that happen. Is it something that happened internally with us because the Trustee would not be doing that? Mr. Woodville stated it had to do with the debt service payment and a relationship with the bond. I think the monies were funded through The Celebration Company that we received and they were all deposited in the other issue and we had to transfer the funds into this issue. 5

6 Mr. Katz asked is this a historic problem that we are now figuring out for the first time or did this happen during this fiscal year? Mr. Woodville stated as far as a historical problem I cannot speak to that. Mr. Katz stated I meant in terms of this being something we are trying to relate back to the last seven or eight years? Mr. Woodville stated no, this had to do with the debt service payment that was due November 1 st and we found out the money was in the other issue. Mr. Moyer stated as an example, they paid with one check that would have been deposited. Mr. Woodville stated and the money was deposited by the Trustee into the other one. Mr. Katz stated this has not happened before, but when the Trustee receives money, it goes into a cash account and then they divide it up among all the different accounts they would be paying for. We should not be putting it in our books and then have to have interfund transfers in and out, which means we spent the money and we should not have, so now we have to put it back into the account. We need to make sure that when we put it in our books that the funds are in the right account. In effect, we were borrowing money from one account to pay the other. B. Check Register Mr. Katz stated I have already talked to Mr. Woodville about this, but it looks like there are some finance charges. Are we not paying our bills on time? Mr. Moyer stated at our last meeting we discussed some of the processing issues internal to Severn Trent and to the degree there are finance charges Severn Trent will pay those. Mr. Woodville stated we are making every attempt to pay bills on time, but these invoices were going to another office where they were being coded and presented to Mr. Smith for sign off. We found out that this person was falling behind and it was brought back to my office. Mr. Katz asked are the bills mailed to Coral Springs and then sent to us? Mr. Woodville stated no they do not; they are mailed to our office here in Celebration. In addition, there was a delay because we did receive them after they were coded and signed off on by Mr. Smith s office. We were doing a conversion, so there was a week delay while we were in that process. 6

7 in? Mr. Katz stated there is another bond payment due on May 1 st ; have you already sent that Mr. Woodville stated we will do that tomorrow. Mr. Katz stated there is a 30-day advance payment date on some of those bond issues. Mr. Woodville stated I checked and there is not. On Motion by Mr. Katz, seconded by Ms. James, with all in favor, approval was given to the financial statements and check register. C. Approval of Attorney and Engineer Invoices Mr. Moyer stated the attorney and engineer invoices are included in your agenda packet for review. On Motion by Mr. Katz, seconded by Mr. Stofcik, with all in favor, approval was given to the attorney and engineer invoices. D. Consideration of Premium for Workers Compensation and Matters Related to the Payment of Supervisors Mr. Moyer stated at last month s meeting we talked about several items related to the compensation for Supervisors and how that is handled. One of the things we also talked about was if you were considered an employee because the IRS classifies you as same and does that mean we should be providing to you with Workers Compensation Insurance? We contacted our insurance agent and was informed that in fact, if you are an employee you do need to be covered. In your package is a quote from the Florida League of Cities, which is reasonable at $255 and Brown & Brown Insurance was also asked to propose on this and that premium is $3,700. On Motion by Mr. Katz, seconded by Mr. Stofcik, with all in favor, approval was given to the proposal from the Florida League of Cities for Workman s Compensation Insurance in the amount of $255. Mr. Moyer stated in terms of how we handle payment to Supervisors, Mr. Katz you had some additional thoughts that you and I talked about. 7

8 Mr. Katz stated I would prefer to be paid less than our $200 per month and that way the other side of the Social Security, which is coming out of the $200, would still come out of the $200, but I would not be paying tax on it, so we would be paid about $25 less, but those monies would be sent on to the government for Social Security, Medicare and Unemployment and I would only pay tax on $175. Mr. Quinn stated this is a sufficiently confusing issue and I think it is appropriate that we ask for a legal opinion on exactly what it is we should be doing. How many Districts does Severn Trent manage? Mr. Woodville stated over 124. Mr. Quinn stated one of the things I think is important for this District to adopt is that we are no different than the other 124 Districts. I would like to see us get a formal opinion from counsel and the State as to exactly what it is we should be doing and what that $200 payment is in the Statute as far as the intent. I agree with you in that I do not want to pay any more than I have to, but I want to do it right. Mr. Katz stated I do not feel that we should use public funds to pay for a legal opinion. I am going to go ahead and unilaterally only take $175 because I do not feel that I need to pay taxes on Social Security that does not come my way. I do not believe we should be paying more than $200, which is the statutory maximum to any Supervisor and by adding the Social Security on the employer s side above the $200, I will not do that and take less. Mr. Quinn stated in November this Board will be constituted by four, publicly elected Supervisors and before we get to November we need to have the practices of the District aligned with the practices of Community Development Districts across the State. I understand where you are coming from, but honestly do not believe that it should be an independent decision by each one of the Supervisors of how we want to be paid. Mr. Katz stated it is because two of the Supervisors do not take any payment, so it is an individual decision and I, for one, feel very strongly that I do not want to have any more than permitted. Mr. Quinn stated if that is the case, I would prefer that mine be handled exactly the same way it is handled in the other 120 Districts. Mr. Crow stated I think Mr. Katz is right; I do not think it is proper for us to spend public money on this. I am aware of a similar situation we had when we were challenged as an 8

9 industry when the IRS was attempting to say our carriers were employees. Eventually, the Grove Sun Daily, a newspaper in Oklahoma and others across the country joined us and we pushed against the IRS, which I think Severn Trent should have done in this case and I think they still should. However, the idea that we are going to spend public money to get a ruling on this and we have spent quite enough time on this, I think we should go ahead and do what Mr. Katz wants to do. I do not know why Severn Trent has taken this position and I am not satisfied that all of the Severn Trent Development Districts are handling it the same way. Mr. Moyer, are they handling it this way because I sense that some are and some are not. Mr. Moyer stated all of the Districts do pay FICA and Social Security on the $200 compensation in other Districts. In terms of push back, about three years ago Severn Trent managed the City of Weston and this is where it came up where the IRS came in to do an audit on the City of Weston and made a big issue of this. They spent a tremendous amount of time and effort with the IRS and unfortunately the IRS would not back down on it. It is unfortunate that the State of Florida refuses to even comment on the issue and Severn Trent did try to get an opinion from the Department of Community Affairs, which oversees Special Districts in this State. They also tried to get an opinion from the Department of Revenue and in both cases the State said they did not want to touch it and they were not going to comment. Mr. Crow asked with Development Districts versus the City of Weston; are we apples to apples or apples to oranges? Mr. Moyer stated you are considered to be a publicly elected official and that was the issue. When you look at the IRS rulings, the guidelines are pretty clear as to what a publicly elected official is and that the compensation of those officials does fall under the guidelines of Supervisors or elected officials being employees. Mr. Lang and I talked about this during the month and if these were to be considered expenses that is something you are entitled to be reimbursed for under the Statute for expenses, but if it is considered to be under the $200 maximum as payment to Supervisors, you would fall under that guideline as being an employee. Mr. Crow asked is there any reason other than an inconvenience to Severn Trent, why Mr. Katz cannot handle it the way he wants? Mr. Moyer stated I do not think it is an issue with Severn Trent. 9

10 Mr. Crow asked then why is it an issue at all? I understood that it would cause an inconvenience in the words of the Chairman to Severn Trent, but I have not heard any other arguments as to why it could not be handled the way Mr. Katz wishes it to be handled. Mr. Quinn stated if Severn Trent has no problem with handling Mr. Katz the way he wants and yours the way you want or mine, I have no problem with the discussion at all. Mr. Crow asked we can go ahead with this? Mr. Quinn stated yes I think it is totally reasonable. Mr. Woodville stated for clarification, Mr. Katz is at $175, Mr. Quinn is at $200, plus the employer s portion? Districts. Mr. Quinn stated I want mine handled exactly the same way you handle the other 124 Mr. Woodville stated Mr. Crow how do you want yours handled? Mr. Crow stated exactly as Mr. Katz. Mr. Lang stated I think what we want to say is, you want your net number to start at $200, take the deductions out and give you the balance. happens? Mr. Katz stated no, at this point I want $175; I just want to stay under $200. Mr. Crow stated if I understand correctly, we have a set payment of $200 and then what Mr. Katz stated you and I are going to take $175 and Mr. Quinn will decide if he wants to take $200. Mr. Crow asked where is the other $25 going? Mr. Katz stated to the employer s portion of the Social Security. There is 15.3% of the $175 that comes up above that so we do not get above $200. E. Discussion of Website Mr. Quinn stated after our last meeting I went back at the Board s direction and met with Pat Wasson, Amy Foxworthy and Monty Shubert on the website. As it turns out, because of the amount of time that passed between when we started this and when we finally got the proposal, a lot of the intervening communication between myself and Tim Duncan, who is the Web Master at Town Hall, had gotten outdated. What we had actually ask Town Hall to do with the proposal they submitted dated today, they are simply going to be providing us with space on their server as a hosting site to house the Celebration Community Development 10

11 District website. We did an estimate based on the prototype of the potential size of that and actually doubled the size from what the calculations came out to be, somewhere between 20 and 25 megabytes. We doubled it to 50 megabytes and they have come back with a proposal for providing that space and also providing the backup service for us at a rate of $50 a month and if we would need technical support from Town Hall in the future, they would charge us an hourly rate of $85 per hour, if and when we actually needed to use any technical services from Town Hall. Exceeding the 50 megabyte space, which, based on the nature of the design is highly unlikely. Mr. Crow, unfortunately I could not figure out a way to get the updated version of this to you. The intent of the packet that I gave you is, one of the comments at last month s meeting was a suggestion from several of the Supervisors that we wanted to be able to go through the site and decide what was appropriate and what we wanted or did not want. This is the complete website and my suggestion to the rest of the Supervisors would be to go through this and if there is a page on here that you decide you really do not want to have on the website, just cross it out. I think the final design of what the site needs to be we could take up next month. I would like to get the proposal out of the way and I am designing, developing and building this site pro bono for the District. Mr. Katz asked who is going to add all of these services? Mr. Quinn stated I will work directly with the staff and ask them to provide the wording for the various pieces and I will take the responsibility of doing the initial download before the web goes live to give everybody an opportunity to review it to make sure it reads the way it is supposed to read. discussion form. The web has been designed specifically to preclude it from being a Mr. Katz stated on the current Celebration Front Porch there is a My Town section and it has a list of all the different organizations including us and there is an address for Severn Trent, so they already have a way of contacting us. Mr. Katz asked is the District Office equipped for all of this? Mr. Smith stated yes. Mr. Quinn stated it also provides a log of all incoming correspondence from the community. Mr. Katz stated it says the CDD will design and post all pages, no support included. Are you saying you are going to be the web designer? 11

12 Mr. Quinn stated I am going to design the web, I will take it through getting it up and live with all of the data from all of the various pieces of the District, in addition to going through to make sure that Amy and the District Staff would be responsible for understanding what they need to do, for example, to load an agenda onto it or add a set of meeting minutes to it. Mr. Katz stated we have 50 megabytes; how much would this take. Mr. Quinn stated it is a little over one and a half. A typical agenda would be about 90 kilobytes, which is.01. Mr. Katz asked so keeping historical documents will not load up our storage? Mr. Quinn stated no. Mr. Crow stated the only thing that really eats up a lot of space is when you are doing graphics. I have also been working on this and as late as yesterday afternoon I talked to members of CROA and Pat Wasson and I was assured that Town Hall and CROA would be doing this pro bono in return for the many things the CDD does for them, so I am both surprised and disappointed to find that we are presented with a proposal that charges us money. Mr. Quinn stated if you can get them to pay the last $50 on this that is great, but this was the proposal that was ed to the District Offices this morning from Town Hall and it is entirely possible that there was a miscommunication somewhere between yesterday and today. Mr. Crow stated I would like to take a look at this. For clarification, the staff is going to update the site? Mr. Quinn stated correct. Mr. Crow stated if and when we decide to add further data, I think it would be proper that it come to the Supervisors before it appears on the web. Mr. Quinn stated that is exactly the reason why everybody has a copy of the dry web so if there is a particular page or way that things are being proposed for the actual site that we decide we do not want to, now is the opportunity to go through it. I think we made the agreement last month that whenever there is a proposal to put anything on the web other than what we have already agreed to, it would come before the Board for discussion. Mr. Crow stated that was my understanding. I would ask that we table this and go back to see if we can get it done pro bono from Town Hall in return for what we are doing for them. 12

13 Mr. Eldridge stated I know this exists, but I have not been working it and I do not know much about it, but the two things I do know that might explain it, our web person is a contract laborer and if this is an additional job for him there might be fees going to him, since it is not being put on a staff person. Secondly, we are going away from our own hosted service to a professional hosting service and if you are adding to that space, it is being passed on to you. Mr. Quinn stated that was the substance of the meeting and the discussion that I had with Pat, Amy and Monty and they informed me that you are going through an external service and that the service provider is basically charging you ala carte for all of the services that you provide. One of those costs is your bandwidth and how we got down to the $50 was, if we are going to be using 50 megabytes of space, you have five gigabytes of space and you are paying X for five gigabytes of space, what is 50 megabytes, so the proposal that came back was, we were paying for that chunk of this space that we are using in your monthly bill. Mr. Crow stated what I see is an uncomfortable slope here. If Town Hall and CROA begin charging us for services and increments of those services that they incur and the things that we do for the community where we incur costs, we might start looking at costs. I do not think it is wise to begin charging one another or look for ways to charge one another. Mr. Katz stated we should put it on next month s agenda so we can have a chance to look through it. Perhaps we can talk to Town Hall to see if they can absorb $$50 per month and then we will have a final package. Mr. Quinn stated we pushed this around for well over a year now and it would be an ultimate disservice to the community if we do not get it done. If we can get it done and Town Hall agrees to not charge the $50 a month, which is a trivial cost, that is great, which would be a decision of Mr. Eldridge s Board. In the interim I would ask that the rest of the Supervisors to go through the hard copy of the web and Mr. Crow we will make sure you get a copy as soon as we can get it to you. I would like for everyone to go through the dry web, cross out pages you think we should not have and if you see something in here or do not see something in here that you think we need to have, point it out. Field Operations Mr. Smith stated I have the tree replacement schedule for the Board s review. Davey Tree s productivity has declined quite a bit this month due to working on other things. The 13

14 highlight is, Long Meadow is completed. All the trees and all of the plant material came out very nicely. We have the Celebration Tree and are getting ready to replace it. The potential trees on site that we want to transplant, one of them we have some utility problems with and we have to move several other trees to get to the second tree. The actual fence is completed and hopefully by the next Board meeting that tree will be in along with the fence. Mr. Quinn asked the sequence is the tree goes in and then the fence? Mr. Smith stated yes. Mr. Katz asked are we doing some improvements on the bridge as well. Mr. Quinn stated they are actually putting the bridge back together because there was a car accident earlier in the week; Mr. Smith stated we have the railing onsite for replacement on that bridge. It needs to be wedged up to make it level. They worked on it all day today to get that back and once we that back in there we are going to go ahead and paint it. Mr. Katz asked do we need to have that much of an island for that tree as we have now or could it be smaller to give more room to drive on the bridge? Mr. Smith stated we need as big an island as we can get for that tree. Mr. Moyer stated part of the problem was that they think the tree has a survivability problem because of the heat of the asphalt, so the more you cut that island down the more you compound that problem. Mr. Smith stated it sits in a bucket because it is all base material around it, so when we get a lot of rain there is too much water and when we do not get any rain it dries out fast. If we could get some drainage on there and increase the irrigation we think it will survive. Mr. Katz asked what about a fake tree? We just keep replacing it over and over again. Mr. Walter stated that is not even the entrance to Celebration; you could move it up. Mr. Katz stated you could put the Celebration ring where all of the different organizations names are. Mr. Smith stated the tree would survive a lot better. Mr. Crow asked who incurs the cost on the bridge repair? Mr. Smith stated the insurance company for the person who had the accident, but we are still waiting for the police report. Once we find out the cost we will go ahead and submit it. Mr. Katz asked do you want to consider the idea for the tree? 14

15 DOT. Mr. Smith stated I would be fine with it. Mr. Katz asked do we own that property? Mr. Forbes stated you do not own the land that you want to put the tree on; it is owned by Mr. Katz asked do we not maintain it? Mr. Forbes stated yes. There is Tri-Party Agreement between Enterprise and Celebration and DOT for the maintenance of all common area improvements within the DOT right-ofway. Mr. Katz asked we have to ask DOT if we can put a sign there? CROA put their signs up in that spot and we did not ask DOT. Mr. Forbes stated they secured a permit. Mr. Katz stated from us not from DOT. Mr. Forbes stated from DOT. Mr. Katz asked could you do it for us for this purpose? Mr. Forbes stated I agree with Mr. Smith that it is a design question and The Celebration Company would be the beginning. Mr. Quinn asked Mr. Smith did you get a chance to look at those trees in East Village by the across from the ball field? Mr. Smith stated yes, they are still alive. Once we get further into summer we will reevaluate. We will be doing fertilization next month so that will help the trees quite a bit. All of the trees down there that are scratching green are still alive. The next item I have is an update on the ISSA project. Next week they will be looking at some road closures on the intersection of Campus and Front Street. Mr. Katz asked can it be done in two weeks? Mr. Smith stated I met with them out there this morning and from the scope of work they have, I think a period of a week for each side is sufficient to get it closed back in. They might not have asphalt back down, but it will be drivable. Other than that they do not have any other impacts to the CDD common area and they have been keeping Front Street fairly clean. We have also contacted Town Hall and they are going to put it on the Front Porch. Mr. Katz asked is the Enterprise Board overseeing this project? Mr. Smith stated this is a stormwater tie-in, so it would be Celebration. 15

16 Mr. Moyer stated on the Celebration resurfacing, Enterprise went in and fixed the manholes to stop a depression in Celebration Avenue and we were going to proceed to repave around those manholes. Enterprise will be taking bids to do that work and awarding that May 11 th. The Celebration Company has decided to overlay from East Lawn to Roseville. It will be a combined project between Enterprise and The Celebration Company and we should end up with a nice road. Mr. Katz asked Celebration is going to independently do the construction? Mr. Moyer stated no; it will be bid through Enterprise. Mr. Katz asked have we done that before where Enterprise does construction work within our boundaries? Mr. Forbes stated there have been utility repairs and road improvements as well. Mr. Katz asked is the road owned the County or by us? Mr. Forbes asked by the County but it is under initial acceptance. Mr. Katz stated I just want to be sure that this is not a precedent where Enterprise does road work within our boundaries and is just related to utility work. Mr. Crow asked why is Enterprise doing it rather than going ahead and kicking the money back over to us and letting us do it? Mr. Katz stated if they are going to do a manhole repair they can do the road construction. The Celebration Company is going to go through Enterprise and save the sales tax as opposed to doing it themselves. I would look at it in terms of utility repair and that way they could do that. If they are going to expand their work beyond just the manholes and have a private company pay for the extra work, I do not have a problem as long as we have made it clear on the record that it is utility related. Ms. Finger reviewed the Celebration Company s proposal contained in a Notice of Proposed Change that will be heard by the County after the presentation. SEVENTH ORDER OF BUSINESS DRI Amendment Ms. Finger reviewed the Celebration Company s proposal contained in a Notice of Proposed Change that will be heard by the County after the presentation. TCC PROPOSED MODIFICATIONS TO THE DEVELOPMENT PLAN, CONSISTENT WITH CELEBRATION S ORIGINAL MASTER PLAN 16

17 The modifications include: (1) Expanding mixed use along Celebration Boulevard by one parcel; and (2) Allow multi-family use on the mixed use designations, making it consistent with all other mixed use tracts in Celebration. The areas include Tract 7, 207 acres on the western side of the Boulevard. If these are approved, two developers would like to do separate projects such as Senior restricted rental and mixed use including condo, hotel and some retail, all of which is part of the Celebration Master Plan. There will be documentation to clarify that medical office use is allowed in all development areas that allow new offices, make minor corrections to scrivener s errors and add parking ratio for multifamily units with three or more bedrooms. The County modifications will clarify development standards for garages and provide an alternative for review and approval. Mr. Quinn commented if Senior Housing is a part of the Proposal and approved, consideration should be given to a Transportation System so that Seniors can access the downtown area. THE ACTUAL SUBMITTAL IS ON FILE WITH THE DISTRICT AND IS INCORPORATED, HEREIN, BY REFERENCE. Mr. Katz stated right now you do not have the ability to put residential on that piece of land. It is now going through the public hearing process to add the residential piece and then should you get a project that involves residential, you are now telling this Board and this community that we will then have another public hearing where we could actually look at the plans for that project and make comments on peripheral areas of that residential community, such as if you announce to the community that you are putting senior housing, you would schedule a public hearing at the Planning Commission to have a hearing on that project. That specific project would be the subject of a totally new public hearing process sometime in the future. Ms. Hadaway stated it is not a micro CDD, it is not a final site plan; it is a macro CDD amendment to change the use on the property. It will not have a site plan associated with it. Mr. Walter asked why would you need to do that once you changed to the County s CDP/EIP process because now, you are no longer working in a macro process; you are working in CDP/EIP process and once that process is changed to allow for a given use inside, you could go straight to EIP. 17

18 Mr. Hadaway stated I think you are perhaps a little confused because you have not read the document. If you go back and read the language that is in the PUD amendment, it might clarify it for you. What we said was, anywhere there is a Macro today and the County was very specific on this and we have discussed it at length at the TRC, that process remains and where there is a micro in place today that process remains. The process it was under currently, if it is approved under that process, stays under that process and any future development will move into the new process. Mr. Walter stated so basically there is no reason to implement the new process because everything is in the old process. Just for clarification for the Board, what areas of Celebration are going to be under the new process? 4. Ms. Hadaway stated where there is no macro CDPs today, which is everything west of I- Mr. Walter asked is that the only thing that does not have a macro CDP? Mr. Katz asked the land across I-4 is all you are changing? Ms. Hadaway stated in the macro CDP process there will be no more new macro CDPs east or west of I-4. In the areas today where there is macro CDP, the proposed specific development for the site is consistent with the macro CDP. Any different development standards or any different use, the County s determination has been that it goes to EIP; they do not want to do the micro CDPs anymore, which is what the County told us and it was not our request. Mr. Walter stated for all practical purposes it is the same thing. Ms. Hadaway stated except the EIP does not go to DRC; a micro CDP did. Mr. Katz stated we want to be sure that we get the same answer each time and that is, you are changing the trap to add another permitted use of residential and you are going through the public hearing process for that purpose. When I hear you say, and forget about using macro CDPs, that should there be a residential development on this piece that you are now adding as a permitted use, the community will have a chance to have another public hearing review of that project and what would they be able to look at when they are reviewing that project. Are we just going to do it because you said there was not going to be a site plan. What are they actually going to look at? 18

19 Ms. Hadaway stated the change in land use, acreage for the land use, Development Standards for that land use, setbacks and height limitations. Mr. Walter stated which is basically the County s process for CDP. Basically, the macro she is talking about is the County s CDP process and the micro is the County s EIP process. Mr. Katz stated I am familiar with the EIP and CDP process and EIP is where something gets built within Celebration without anybody knowing about it. Mr. Walter stated no public hearing process is needed. Mr. Katz stated this community will have a chance to have a public hearing and review whatever it is you are going to do out there if it is residential. Is there anything else along tract 7 that you are doing that would be subject to a public hearing or is it just this one small residential piece? If you are building a hotel or if you are going to build a gas station are we going to know about it or will it just show up one day? Ms. Hadaway stated my recollection and I have not looked at the document in years, it designated the uses that were in place would have been office down to the dark purple area, which would have said mixed use. Mr. Quinn stated in order to have good community relationships it is necessary to have effective and open communications in those areas you might not have a legal obligation to let the community know. In the past when all of the Boards ECDD, CCDD and CROA were members of the Celebration Company, you might have felt that you did not need to tell yourself what you were doing because you were pretty much talking to yourself. I want to plead with you as politely as I can, but it is not the same anymore and I think one of the things that we all have to get better at in this process is over communicating to the community and beyond the breakfast meetings and the little blurbs in the Celebration News, if I was Mr. Forbes, my suggestion would be to air on the side of over-communicating all of these as opposed to under-communicating or just communicating to a level that you are legally obligated to communicate. Even though you might not have an obligation to tell us what is going to go on that corner, I think it would be in everybody s best interest, from a community standpoint, if you got into the habit of telling us what is going in on that corner long before it went in. Ms. Finger stated when we sold the Town Center the majority of the HOA transitioned to residences. We did take a step back and we still have work to do, but we do want to go 19

20 before community members and let them know that. It is helpful for us to meet with residents and share this information with neighbors as well. We will step up the communications. Mr. Quinn stated I think what we are doing now and what you did on Monday should have been done three months ago and the process should have started then as opposed to starting in the last week to ten days. Ms. Finger stated with the issue of the school at a CROA Board meeting, I want to clarify that we are not asking for any additional residential units here in Celebration. We did go back and review our documents and the agreement we have with the Osceola County School District. The agreement we have with them between The Celebration Company and the School District is very clear in that the Osceola County School District will be able to accommodate Celebration residents who are students. Even though this most likely, if it is an age-restrictive project, it will not have much of an impact. There is multi-family out here and it might add some, but the Osceola County School District will accommodate those additional students. Mr. Crow stated regarding noticing, you might have met with some civic groups and you might have placed it in the Independent, but Jim Ryan had not heard anything and he is a member of the Planning and Zoning Board. Mr. Morton called me when he heard of it, about two weeks ago and he had not heard anything before that. Did you provide this information to all media including Mr. Morton? Ms. Finger stated no, we provided it to the Celebration News. Mr. Crow asked why did you not provide it to the Independent as well? Ms. Finger stated it was not a press release that we sent out, it was a request to write something for the Celebration News. Mr. Crow stated you are planning to go before the Planning and Zoning Board tomorrow night and then to the County Commissioners in a few weeks. I think I join Mr. Morton who called for this in the newspaper and some of us here this evening are not comfortable with not having the opportunity to take a look at it. Ms. Hadaway stated I respectfully remind you that we are going through a government process that is dictated by Osceola County and it is a review process that has been established 20

21 for the entire County, so we are willing to follow the standards that have been set for us. I think we will still be moving forward at the Planning Commission on Thursday. Mr. Crow stated I do not think you are being driven by the County rules so much as your desire to bring it on the schedule you want. I take it that we have determined that this will all be one use whether it be all residential or otherwise, but what we are moving to is a mixed use, is that true? Ms. Finger stated we already have a mixed use on two of the parcels and we are asking that the mixed use designation be brought to one more parcel so that would be a true mixed use; the three different parcels. Mr. Crow asked do we have a total number of additional residents, is there a maximum number of residents who would be allowed on this mixed use property? Ms. Finger stated we are not adding any additional entitlements for housing, so it is not anything additional to what was already entitled. Mr. Crow asked how many people are you going to put on this site maximum? Ms. Finger stated we are not to that point yet; it will come after the development plans are developed. Mr. Crow asked Ms. Hadaway there was a couple of things mentioned Monday evening and I do not believe you were there on Monday night, only Ms. Myers and Ms. Finger were there; is that correct? Ms. Hadaway stated that is correct. Mr. Crow stated I believe Ms. Finger stated the other evening that the Catholic Church property was not always institutional and that it was residential earlier. My recollection is that it was always institutional. Ms. Finger stated I believe it was a mixed use and that is how it was explained to me. Mr. Katz stated I think what happened was, Mr. Kelly said that he might have put four estate homes there and you said at the meeting there would be multi-family apartments there. You might have misspoke when you said that and it was supposed to be no multi-family apartments, but we were always told that it was held out for a charitable or an institutional type use, but yet estates homes might fit there also. Ms. Finger stated I can go back and review those documents to make sure my statements are accurate. 21

22 Mr. Crow stated I believe the other evening you said that both the School Board and the County are responsible for making sure what the school impact was. Would you repeat what you said the other evening about the involvement of the County on the impact of what you might be doing with this property? Ms. Finger stated there is a seat at the table for the School District on the Technical Review Committee. Since there were no comments by that representative to the Technical Review Committee, the assumption was that the School District was not objecting to what were doing; we are not adding more residential units. Mr. Crow stated I heard you say that the County had a proactive responsibility to make sure that the impact here was not undesirable. Did I misunderstand what you said the other evening? Ms. Finger stated if it came across that way it certainly was not my intent. Mr. Crow asked so you do not hold that the County really has any proactive responsibility or even active responsibility to assess the impact that this might have on the County Schools. Mr. Finger stated a school district representative, who is on the Technical Review Committee, would be the one to comment. Mr. Crow stated that is correct; the school, but not the County. The County, through the Planning and Zoning and the Commissioners when they address this, would not be looking at this. Mr. Eldridge raised those points, which are important points and I think he also raised the issue of children crossing the street there. Ms. Finger stated I do want to clarify that the agreement that is in place with The Celebration Company and the Osceola County School District makes it very clear that the Osceola County School District will be able to accommodate Celebration residents, who attend Celebration Schools. Mr. Crow stated there is a suspicion that concerns me that there is so little time between when the actual documents have been pulled together. Mr. Ryan told me about ten days ago he had not yet seen a full copy of this and Mr. Morton received a copy about two weeks ago. There is very little time here for the community and for various agencies to go through the documents. I respect what you say and I honor the truth of what you are attempting to put out here, but the reality is there is a fairly good size document out here, which public officials would like to go through, spend some time on and ask questions that would raise other issues 22

23 or perhaps would not, but because of the timeframe and it appears that you are anxious to get before the Planning and Zoning Committee and before the County. I do not really think this serves your purpose in the long run in a public relations way, nor do I think it serves the community well at all. Ms. Finger stated I know that the agencies who review these documents, received them in early February so they have spent the time reviewing the documents, people at the technical staff level. It is a process that all other developers in Osceola County will also follow. I apologize if you did not receive the documents, but we will try to step up the communication process as best we can. We started talking about this back in December to some residents and thought we had covered our bases, but apparently not. Mr. Crow asked who were you speaking to in December. Ms. Finger stated we had some small focus groups. Mr. Crow stated obviously you did not include the elected members of the CDD. Ms. Finger stated we did; we invited Mr. Quinn. Mr. Quinn stated I was in one along with the Pastor of the local church, several of the downtown merchants and I think at least one of the people was from Town Hall, but it was a rather diverse group and that was only one of several. Mr. Crow asked do you feel that you are well read about this Mr. Quinn? When did you see the actual final documents on this? Mr. Quinn stated about two and a half hours ago, which is why I made the comment I made earlier in that this entire process should have started three months ago. Mr. Crow stated the clock should start running when we actually get the hard documents in our hand. We need about 90 days to go through it and look at it reflectively. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney There being no report, the next item followed. B. Engineer Discussion of Artisan Park Town Homes Phase 4 Plat Mr. Carper stated this is the same process we have been doing for the last couple years. We have tracts that were designated as town home tracts and we are in the process of building a town home. These are plats that designates a lot for a particular town home. The only reason it is before you is because there is a Special Assessment on the property and you are not 23