Let's Move Forward with the 250 Acres for Jobs

 

The jobs-creation acreage at OLF-8 and the residential mixed use portion should not be handcuffed together--- when we are good to go on the 250 acre jobs portion of this property.

We have now had three separate offers for OLF-8 where one of the first sales stipulations/conditions for such sales requires significant variances away from the approved Master Plan for OLF-8 in Beulah.

Three companies, three separate and distinct offers, three LOI's with strict requirements for variances away from our codes and ordinances as it pertains to deveolping OLF-8.

This means something.  Occam's razor applies.  Obviously there is something with the master plan which is making such a transaction not financially viable.

I lament this, but I am not entirely surprised.  In multiple discussions now with multiple industry professionals that have either already made offers for this field or who are considering doing so--the one common theme is that the plan as required is not financially viable/feasible in this market if strict adhearance in mandated.

Said one such offerer "We can get about 70% there, with the areas and the uses and even the street layouts--we just cannot make the other 30% and in order for this deal to make business sense for us as a company--we have to have relief from that 30% which includes some of the very proscriptive design code."

There is obviously some wisdom in this individual's words--- as each of these three separate offers are from primarily residential builders and each such plan--thus far--looks to build more single family housing than mixed use, commercial, and/or high density commercial with residential lofts.

So if we are going to only settle for absolute 100% compliance with the DPZ plan for the southern, mixed use portions of the field--- I believe we need to go ahead and start off with moving the 250 acres on the northern part of the field forward for job creation with a re-booted triumph grant.  The board has signalled it's intent to hold back 250 acres for job creation--separate and apart from the rest of the field--due to the curveball we were thrown with the state's recently enacted "Live Local Act" which pre-empts our ability to prevent owners of commercial properties anywhere from immediately creating high-density residential apartments on such commercial properties.  If we sold the northern portion of OLF 8 as a part of any one-package all in one sale---we would not be able to prevent such a purchaser from building apartments on that commercial jobs producing parcel thanks to the state's passage of this law.  Our local control on this matter has been stripped by the state legislature.

So, with all of this as the backdrop, now is the time to move forward with creating jobs on the 250 acres of commercially zoned areas on the north east portion of OLF 8.  I discussed this on Rick's Podcast Thursday Morning.  If the board wants to create jobs with this portion, which we signalled strongly at our last meeting, now is the time to move forward, reboot our triumph gulf coast application, and get going.  There are companies that need this space at this location--good companies with good jobs.

Meanwhile, we can wait for the perfect "unicorn" offer from a developer to build the balance of the field on the south side, in complete/absolute 100% adhearance to the master plan as enacted.  We can make that portion fabulous.  Eventually.  If we get a buyer.  Maybe.

But that might just mean we never get that section developed.  It might mean we never get a restaurant, shop, or any other amenity developed on that portion of the field if the requirments are absolutely rigid and the county in intransigent with respect to ANY variances requested by an offeror.  My prediction is we may never get an offereor who will pay top dollar to build it 100% as the plan specifies.  Look back at the first three offers for my rationale for this prediction.

So the southern portion of the field might very well remain a field if that is the case.  I know many would be just fine with that--because such individuals really never wanted anything built there anyway.

But the largest tragedy of that scenario is that it makes it harder, if not next to impossible, for us to ever recoup the county taxpayers' existing $14.5 Million debt on the whole parcel if the southern, most valuable retail/commercial frontage parcels on 9-Mile road remain "unsaleable."

But at this point the jobs portion and the residential mixed use portion should not be handcuffed together when we are good to go on the jobs portion.  Time to get moving.

New Proposed Bulid out of OLF 8 Field Results in HALF as many Residential Dwellings as DPZ Hybrid Plan Would Have Allowed......

Less (new high density housing built on OLF-8) is More (better 😊) 

I know that headline is a mouthful.

But what would the total number of residential units be, if some buyer made an offer and built out the OLF-8 field precisely as DPZ stipulates in their Hybrid Plan -  the compromise plan the board adopted two years ago for OLF 8?  How does that number of residences compare to the latest offer/plan submitted by D.R. Horton and Stirling Properties in their revised offer of $24.1 Million for OLF-8?

I wanted to know so I asked staff to do an analysis--which they recently completed and sent back to me.

"We’ve broken down the numbers of the plans into overall residential densities. The Horton (new) plan doesn’t include the mixed residential/commercial category as in the hybrid plan, and it proposes much lower overall densities.

 The total residential density in the [DPZ] hybrid plan is 40 units per acre. This comes from the total densities for each zoning district and the total acreage of those districts. It’s probably higher than what could be built given the variables but it’s the same way we calculate density for all zoning districts.

 The total residential density in the new[Horton/Stirling] plan is 6.7 (rounded from 6.6) units per acre. This was calculated with the 170 acres of residential and the total residential units of 1,133."

Okay so just as pictured, the lasted proposed build out consists of a town center, green spaces, commercial, retail, residential AND 241 acres for Economic Development/Job Creation.  And the total number of residential units is 1,133.

Under the DPZ hybrid plan adopted by the board--the 61 acres  set aside for residential development allowed for up to 40 units per acre.  So, multiplying the 61 acres for high density residential dwellings in the DPZ hybrid plan (and not including any of the hundreds of residential over retail in the DPZ plan's 47 acre set-aside for mixed use)==you get more than 2,400 residential units on OLF 8!! 

So the latest Horton/Stirling plan cuts, by more than half, the total number of traffic exacerbating, infrastructure taxing high-density residential dwelling units on the field while still providing retail, a town center, green spaces, restaurants, and other amenities---as well as a significant amount of space for job creation.

Remember--most that live out here in Beulah, like I do, wanted NO RESIDENTIAL on this field, as we have plenty of high density residential development all around this area already.

Just more to consider as we look at what is proposed.

But for my vote---LESS residential and more amenities is bettter.

What Does D.R. Horton's Offer Request in terms of Zoning and FLU Modifications?

 The revised offer from D.R. Horton for the purchase of 297 acres of county-owned property at OLF-8 is full of conditions, restrictions, and demands for guarantees from the county.

It protects the buyer's position completely if it is approved as it was submitted.

Which is to be expected from a buyer making an all cash $24+ Million dollar offer for a property.

Why are some modest changes from the DPZ master plan requested via this D.R. Horton Contract?

According to those familiar with master plans, this DPZ plan specifically, and the realities in the home building/development world (with associated issues complexified by a dysfunctional supply chain and labor shortages)--the master plan as written, if strictly adheared to, is not financially viable.  In other words, nobody can make it pencil, economically, as written with no engineering and no flexibility.

According to one insider with whom I spoke, "Jeff, we can get to about 70% compliance with that master plan as written and make it profitable--but we would need concessions to get out from under the 30% that kills the viability."  

So I'm not sure if the guarantees demanded for ordinance variations from the master plan and/or the requirement for the FLU change and the Zoning designations changes accomodates the necessary revisions to make this an economically feasible project.  Perhaps it does.

Regardless, the below pictures from the D.R. Horton offer indicate, graphically, two of the requested adjustments D.R. Horton is seeking via their sales contract---in light of the board shrinking their site by 241 acres.

More to come on this later in the week, and I hope to be able to post the complete contract at some point later this afternoon--once I am green-lighted to do so by the Attorney and and advised it is a releasable public record.

I'll Be on "Real News with Rick Outzen" at 7:05

I'll be on Rick Outzen's morning drive news/talk program this morning at 7:05

 I've been invited once again to appear on the area's premiere, most highly-rated and best morning drive news radio program, "Real News with Rick Outzen" on 1370 WCOA.

I'll be joining Rick later this morning, at 7:05, to discuss the latest updates on OLF 8.  And there will be news to report.

Listen live, or catch the podcast here.

I'll be on "Real News with Rick Outzen" on WCOA Tomorrow Morning Discussing the Latest on OLF8 Offers

I'll be the lead-off guest tomorrow morning on the area's best and highest rated morning drive news program-"Real News with Rick Outzen" on 1370 WCOA

 

I've been invited to be the lead-off guest tomorrow morning on the area's best, most listened-to and most informative/fact-based morning drive news program---"Real News with Rick Outzen" on 1370 WCOA.

The topic of conversation will be OLF-8 and the now multiple cash offers we have now received for this property and the BCC's next steps going forward.

We may even have other offers between this afternoon and tomorrow morning---if we do, we will discuss it.

Listen in live at 7:00 or catch the podcast here.

HOT OFF THE PRESS! BCC Receives $35 Million Cash Offer for OLF8 This Morning

This morning very early--Members of the BCC and our attorney received a $35 Million Dollar all cash offer for the OLF-8 property in Beulah in District one.

Late last week, we received a $33 Million offer from DR Horton.  This announcement was met with SIGNIFICANT concern and consternation from the constituents I serve.

Although intrigued by DR Horton's offer and the potential that cash infusion could bring to the BCC----this latest offer, below, is more lucrative and comes from a national firm that has already done or is currently working on similar, large footprint mixed-use developments.

And their letter intimates they will work within the existing Master Plan which is a huge plus and should leave the residents I serve in Beulah much more at ease.

And this could be $21 Million dollar "profit" if we can close this deal!

Much more on this--and it will be discussed later this morning at the BCC meeting.  Stay tuned!

On "Real News with Rick Outzen" Tomorrow Morning at 7:00 Discussing the OLF-8 Sale Issue.

The topic of tomorrow's chat will be
the potential sale of OLF-8 for $33 Million

I've been invited to appear as the lead off guest on tomorrow morning's "Real News with Rick Outzen"--- the area's best, most influential, popular, and fact-based local AM drive news talk program.

The singular topic will be the large offer made by a national firm to purchase our OLF-8 property in District 1 in Beulah.

Nothing we do on that property will make everyone happy--so we will discuss the offer, the next steps, and the process going forward.

We will also discuss the pros and cons of this proposed deal.

Listen in on the area's best morning news program on 1370 WCOA at 7:00

Once Rick publishes the podcast, I will post it here.

What's Up with the Sign? What's Happening at OLF 8?

This sign is posted at OLF 8 Currently

Several folks have asked about the sign up at Escambia County's OLF 8 site in Beulah.  Many have expressed interest in what is being built out there.

We have owned the property since early 2019, and the master plan for this parcel was completed and submitted in 2021.

But with the economic slowdown that has occurred since then, with COVID's resurgence--the property has not received a whole lot of attention from the development community.  According to staff, when the recent meeting at the county was held for interested developers--only three (3) showed up.

So I spoke with Debbie Bowers about this situation a while back, as many of us are surprised that there has not been more interest in this property given all the attributes of this growing area and given the master plan is ready to go.

We have reached out independently and sent packages out to dozens and dozens of firms and yet the property sits and nobody has made an offer.  I'm told via web traffic and word of mouth to include our in-house efforts at marketing this property--we've been contacted about 4 dozen times.

Anecdotally it was reported to me that several initially interested developers passed on the parcel because of the master plan requirements.  But the master plan does represent the compromise that the board agreed to, so for my vote (I'm one of five) I am supporting development that comports with the master plan.

With this as the backdrop at our meeting in August---a commonsense question was put to staff:  Why is there not a sign up at the property announcing it for sale?  It was a question without a good answer so the board directed staff to put a sign up and staff did that.  I am told the sign itself has generated numerous calls and leads---including from a motivated out of state developer that I am told flew in this past Friday to tour the property and meet with staff about this opportunity--specifically on the jobs creating portion.

Additionally--I am aware of two different (2) firms that are also looking at building on the site in the designated commerce portion (phase I).  Each company is looking at 20-30 acres for their buildings and the jobs they intend to bring.

In addition to this--I am aware that there may be interest from the school board in purchasing a portion of the site for Beulah High School--more to come on that I am sure.

And we are all aware of the value of the frontage parcels on 9-Mile Road adjacent to the NFCU properties and the opportunities these parcels present for recapturing the county's investment in OLF-8.

So while things are not moving as swiftly as many had hoped, there is movement and incremental progress.  I still believe that we will more than recoup the taxpayers' investment in this property once we have sold the final parcel, and I also am confident we can all get a win from this field once it is eventually built--with ammenities for nearby residents AND jobs creation for the whole county.

We worked hard to acquire this property, we went through a challenging set of circumstances to get it master planned (and the final master plan product from DPZ is very, very nice),--so now it is time to move to the next step and get it sold and developed.

Getting the Future Land Use (FLU) Right on OLF-8 Gives Nearby Residents Greater Say about Future Development....

 

Unlike local zonong designations, The establishement of the Future Land Use overlay for OLF-8 is a process that requires coordination with Tallahassee; for this reason it is imperative that we get it right.  Staff's first two proposals (left two, above) had too much yellow, not enough red.  The one on the far right is the one that will be brought forward for board consideration, as it is just right......

What is a Future Land Use anyway, you might ask?  The future land use is a designation assigned to a parcel of land that comports with a county's comprehensive plan and subsequently filed with the state of Florida.  Once filed, the underlying local zoning designations can be added, amended, changed, or altered via local action-with the caveat being that local designations do not trump the FLU, and incompatible uses between local zoning regulations and FLU designations require an action from the State to resolve.  This just recently happened on a piece of property in District 1 where a FLU change had to be requested of the state to "allow" for the building of apartments by a developer.

So, at the most recent regular meeting of the Escambia Board of County Commissioners last Thursday, the public hearing for transmittal of the staff's proposed FLU maps for OLF-8 were dropped from the agenda.

At least one other commissioner and I objected to the FLU being MU-U for more than half of the map--with only a "tiny" strip for commercial development along the frontage of the property on 9-Mile Road and the northern portion of the property.  This did not comport to the board's vision nor did it comport with our expressed desire to see businesses and amenities (not massive apartment buildings) on this valuable property abuting 9-Mile Road.

So we took the first rendition, the left drawing above, and it got 86'd fast.  It was, and is, a "non-starter."  The middle drawing above was a secondary proposal from staff--but it, too, had too much of this property with a FLU designation of MU-U.

So several other board members asked if I could work with staff to bring back a proposed FLU map for approval by the full board and subsequent transmission to Tallahassee that is more in line with 1.) what the board desired, 2.) maintains the vision for the compromise reached regarding other aspects of development on the field, and 3.)  that could get support from a majority of board members to move this project forward.  

I believe the map on the far right, above, accomplishes this.  In communicating with staff on this, I asked specifically if this FLU would mesh with what DPZ has put forward as the local zoning designations for OLF-8---which speak to which areas of the field can be built with what types of buildings, features and structures---to include commerce, public amenities, "town-center", residential, and commercial.  I was assured that this proposed FLU map allows for all of these things.

WHY IS MORE RED BETTER THAN MORE YELLOW ON THIS FLU MAP?

The difference is nuanced, but important, as to why more commercial (red) is prefferable to more mixed use-urban (yellow).  

While it is true that most of the commerce related aspects of what we have planned for the OLF-8 project could be constructed under a MU-U FLU designation---the critical key for me (and the more important question to consider) is what "CAN'T" be built under a COM FLU designation.  That's more important  and here's what I mean.

A commercial FLU designation does not permit stand alone residential, period.  Regardless of the underlying "local" zoning category.  So having more COM (red) has a protective, prophylactic effect on the rapid growth and sprawl of more high-density, high impact residential construction.  It does this by only allowing residential as a component of a primarily commercial development (e.g. lofts over retail), and only by allowing up to 49% of a project to consist of residential components.

Now, those that push back will proclaim "But the FLU does not matter, if the local zoning does not permit residential!!!"   Well, here's where that argument falls apart.  If the underlying local designation does not permit apartments, applicants can easily navigate the process to rezone locally via the planning board to allow for apartments if --watch for it--IF the existing underlying FLU allows for apartments.  MU-U allows apartments.  COM does not.  Additionally---- there are several "local land use consultants" that help developers navigate the rezoning process locally all day every day.  They have it down to a precise science and they are very fast, efficient, and effective at getting it done.

So having more of the map red, or designated as a COM FLU, adds a second layer of protection against

NFCU's Check Was "In the Mail" After All!

At our last Board of County Commissioners meeting, the Committee of the Whole, I once again asked about the status of our payment(s) to DPZ for their design services for OLF-8.  Specifically, I asked where we were at with obtaining reimbursement from Navy Federal Credit Union for these services.  As of the 11th of March-- the date of this meeting last week--we hadn't received any additional reimbursement (s) from NFCU for the planning efforts at OLF-8 beyond their first payment several months back.  Meanwhile, the county was up to nearly $700K in direct payments to DPZ....despite some significant ethical questions raised about DPZ's conduct. (This relates to DPZ not notifying it's client (Escambia County) of plans DPZ was notified of to "embarrass" commissioners and undermine Escambia County's economic development initiatives at OLF-8)

So at this committee of the whole last week, In jest (because we had yet to receive a second check from NFCU), a brief discussion ensued culminating in the trope "Is NFCU's payment on the way, Is the Check in the Mail?"

Well, lo and behold it was.  Apparently it was cut on March 9, 2021--two days before our meeting on the 11th.  The check WAS in the mail.

In all seriousness though, this is important on a couple of levels.

1.  This latest reimbursement has occurred after/since the "summit" where top leaders from Florida West, PEDC, Escambia County, and Keith Hoskins (representing NFCU) hammered out the current "Hybrid Plan" compromise for OLF-8.  It is my understanding NFCU was asked, in that "summit," meeting if they had any problems/issues with the hybrid plan---and no issues were given/identified by Hoskins on behalf of NFCU.

2.  Because no issues were mentioned/given by NFCU when they weighed-in on the latest compromise, and because they have subsequently now sent another payment of $275K for the planning effort--the logical assumption can be made that if the final plan moves forward based upon this hybrid compromise, NFCU will follow-through with their previous pledge to fund reimbursement of the total costs of the planning effort for OLF-8 per the terms of their MOU with the Escambia Board of County Commissioners.

So this is all good news, so far as I can tell.  I certainly hope NFCU makes the final payment once this plan is approved.  Meanwhile, here is staff's narrative that accompanied the notification about NFCU's payment:

"A check from Navy Federal has been received for $275,714.38 (copy attached). Check will be delivered to the Clerk’s office.  Here are the project funding details to date:

 Contract Amount            $1,263,507.00

Paid to DPZ                       $699,943.77

Balance on contract        $563,863.23

 Paid by Navy Federal      $631,753.50

 As discussed last week, any future invoices will be the responsibility of Escambia County. Phase 3 (Phase 4 on the reimbursement schedule in the MOU) outlines that we can invoice NFCU once final OLF8 Master Plan and Development Report is officially adopted by BOCC up to 100% of the Master Plan Expenses invoiced." 

 

Preliminary Planning for Additional, Paid Fire Service Personnel Coverage for Beulah's Station 2 is Underway

I have asked for a proposal on costs for adding additional personnel to Beulah's Station 2.  The preliminary plan would require $220,000 in new revenue to fund--which I am working a plan to do...

I've lived in Beulah for the last 17 years--and I've watched the residential housing growth out here explode.  It is part of the reason I ran for this job in 2016--to find creative ways to more intelligently plan for and manage the growth.  Meanwhile, lots of folks have made lots of money in real estate out here.  A MASSIVE up-zoning happened in 2015, farm property got turned into more subdivisions, and we've all seen our property values rise.  Creating wealth and value is great--but there are also consequences to explosive growth.

Yes-there are ramifications.  Or, as Newton put it aptly in 1687-- "For every action there is an equal and opposite reaction"

We've seen the impacts on our traffic and our schools.  There are impacts to stormwater.  

There are impacts to the call load of Beulah's Volunteer fire station on 9-Mile road, as well.

With the BCC moving toward a compromise plan for our OLF-8 property that will more than likely add a lot more residential dwellings and large retail structures--which in turn will exacerbate our current traffic gridlock--we also have to be cognizant of our fire service coverage out here.

I have strongly supported the volunteers at Station 2 in Beulah since I have lived here--and I still do now, more than ever.  These men and women are excellent and they do a great job.   These volunteers will soon have a new, modern fire facility which is being designed right now, and for which the board has committed a total of $4 Million to build.

But because the growth at OLF-8 will push the capabilities of the stretched-thin Station 2 volunteers--I have had staff produce a plan for adding a three man, paid firefighter crew during the daytime hours at Beulah's station 2 (not dissimilar to what we do for the Century Fire Station in District 5--which also enjoys coverage from paid firefighters during the daytime hours).  IMPORTANTLY:  I am NOT advocating for the replacement of the volunteers at station 2; to the contrary--I am also, simultaneously working a plan to bolster and grow the roster of volunteers at Beulah.  That plan is already underway.  Bottom Line:  Station 2 will remain a volunteer station--albeit with daytime support from a 3-man paid firefighter crew to assist with coverage---if I can get funding and support for this from my counterparts on the board.

Meanwhile, all this growth that will necessitate additional coverage utilizing paid firemen from ECFR begs the question about funding.  According to the study I received back from Fire Admin late last week--it will cost about  $220,000.00 yearly in additional funding to add a paid three man team to Station 2 for the peak 45 hours weekly of call activity.  

I believe we may be able to fund the first two years of this additional, enhanced coverage for Beulah utilizing Federal Rescue Plan funding;  eventually, as OLF-8 gets developed, I support adding impact fees, a TIFF, or an enhanced MSBU (or some combination of these three) --ONLY on the developments permitted there (on OLF-8) in order to offset this additional $220,000 in costs thereby eliminating the need to raise the county-wide MSBU.   I do not and will not support raising the MSBU county-wide.

I intend to bring this topic and this plan to an upcoming meeting of the board.  Stay tuned.  Meanwhile- take a look at the initial, draft, and very preliminary estimate and plan below....

It's Called a Compromise

With respect to OLF-8 in Beulah:  nobody will get everything they want, most will get much of what they desired, and everyone will have to accept some of what they specifically DID NOT want... It's called a compromise.

 I've had about three or four emails from residents of Beulah that are stridently opposed to the latest "Hybrid-Plan" negotiated by the county, DPZ, NFCU, and PEDC/Florida West.

Hey, here's a newsflash:  none of us are wild about it.  Not me, not the folks that hate me.  Nobody.  It is a plan, however, that has legs.  

It is moving, and most importantly--it is moving us toward concluding this awful, embarrassing process with DPZ and NFCU--- and toward actually getting something done on OLF-8.  That's the good news.  But, along the way, some folks will still be upset because the chips did not fall precisely, exactly, as these particular folks wanted them to fall.  So here is my general email response to the handful of folks who have written to me saying they HATE the hybrid/compromise plan....

"Dear Mr. and Mrs. XXXXXXX,

Thank you for the email expressing your concerns, and also for sending the picture, in the email below.  I also appreciate your willingness to engage in the process of developing a plan for OLF-8.

You all have lived here a lot longer than I have, but as a 17-year resident of Beulah, living right across from OLF-8, I DO tentatively support the latest hybrid plan—as it most closely aligns with the original reason(s) the board of county commissioners pursued this property for two decades, ultimately expending $18 Million to acquire it.

 As a nearby neighbor, living  directly across the field, I could take a selfish, self-centered position and lobby ONLY for parks, recreation areas, open spaces, restaurants, shops, a clock tower, etc. etc.  I could lobby for those amenities exclusively and against any commerce and good jobs on the field.  That would be a very myopic, short-sighted position to take, though.  And it would be incredibly unfair to the other four men on this board with whom I serve—and more importantly it would be unfair to their respective constituents—if I totally abandoned the jobs creation component and potential of this land, succumbing to political expediency.  Remember—all five districts and every taxpayer in the county, 320,000 of them, paid in to the $18 million necessary to acquire this property—originally for the sole purpose of job creation and nothing else.  Because we all paid, we all should and we all WILL have a say.  Remember—in the only two countywide polls taken specifically asking what should be developed on this property—the vast majority of respondents supported more jobs with better pay, while a very small minority supported residential and shops with low-wage retail opportunities for citizens.

 Because we know this development, whatever is eventually constructed there, will undoubtedly impact the nearby residents like you and I---the full board had unanimously agreed, in November of 2018, to modify the initial plan of solely a jobs project and instead move toward more of a mixed use development taking all uses into account.  I am proud that this 2018 agreement, which garnered an increasingly rare 5-0 vote of the board, was used as the guidance document for the creation of a master plan for OLF-8.

 Yes, there have been five potential plans put forth, and I believe the latest rendition, the hybrid plan, is the only one that has the ability to garner another 5-0 vote potentially (probably a 4-1, though)—because it does, in fact, represent a legitimate compromise.  Incidentally—this latest hybrid plan was negotiated with input directly from top leadership of Navy Federal Credit Union (Keith Hoskins), Economic Development professionals(Lewis Bear and Scott Luth), the county(Commission Chairman Robert Bender), and the DPZ Co-Design team---taking all stakeholder views and opinions into account. 

 NFCU and DPZ have pressed HARD for minimal commercial/jobs space on OLF-8 and FOR massive, high-impact residential to be constructed on this field, a position I have steadfastly opposed as I believe

Inside DPZ Co-Design's Emails and Text Messages: Part V--Does DPZ STILL Think "Everyone" is Their Client?!?

DPZ Co Design team members apparently still believe "everyone" is their client, and not the BCC.  Hopefully their lawyer can explain to them that this is a flawed, inaccurate assessment.

How can a firm working for the county to implement county goals and objectives feel that "everyone" is their client?  If everyone is someone's client--why do we have a contract with DPZ?  Why does DPZ send invoices to the county? It's ridiculous, preposterous, and inaccurate for them to say this.

It's because "everyone" is NOT DPZ's Client, the County, the Board of County Commissioners is DPZ's sole client on the OLF-8 Master Planning project.  And one would assume these folks would know this, but apparently DPZ team members Mike Weich and Marina Khoury continue to cling to the flawed notion that everyone is their client--based upon new text messages provided late last week.  It really is astonishing.

Late last month, I asked our attorney for her opinion--- which she quickly provided.  

“Pursuant to your ask, it is my opinion that privity of contract exists solely between the BCC and DPZ.  The BCC is a legal entity and even though the BCC is a board elected by the public, the BCC is the actual client and not the public.  I certainly understand that sounds counterintuitive, but hopefully the board is supporting the wants of its constituency.”

It is odd that this even has to be discussed and defined for Khoury and Weich, but nevertheless it apparently must be reinforced again.  Over and over.

I can only assume this notion of "everyone" is the client is a defense mechanism they are utilizing to rationalize their actions when they were notified of movements to undermine and embarrass their sole client here, the BCC--and DPZ did NOT notify their client in real time as .  I mean, if everyone and every citizen is your "client" yeah, you don't need to notify anyone of anything I guess.

Real life doesn't work this way though, and that argument is feckless and ridiculous....

Inside the DPZ Co-Design Emails and Text Messages: Part IV --What was Inflammatory?

 

DPZ-Co Design "team" members doing damage assessment via text messages following the release of their public record emails which were less than flattering....

As I go through pages and pages of text messages and emails from DPZ Co-Design, the text messages are very interesting and revealing.  This one, above, is from a string between Travis Peterson, Peter Bazeli, and Marina Khoury.  They were talking about the first dump of emails that had been leaked into the press after a records request by a local journalist.  And in this exchange, Travis apparently feels he has "let the team down" by some of what was revealed being less than flattering.  Which it was, by the way.

Interesting that Peter Bazeli comes in to comfort Travis, along with Marina, by saying "the most inflammatory thing in there was when Lissa [sic] told you (a) Quint called her to remind her- which is a non-event but feeds into the notion that Quint is a hub of influence, and (b) when Lissa [sic] said you'd have to bring her reporter up to speed"

And yes, those were inflammatory examples from the first batch of emails-- not the most inflammatory in my opinion, but yes, not flattering.  

But there are some more that are even more inflammatory from this latest batch of text messages and emails I received late last week--which I'm still going through and which I will share here.  More to come, stay tuned....

Inside the DPZ Co-Design Emails and Text Messages, Part III: Secret Weapon?

Yet another recent, disappointing example of the BCC's consultant, DPZ Co-Design, working behind the scenes against their client the County....

Late last year and early this year, my neighborhood HOA president began, through our HOA, emailing residents in my subdivision "information" about OLF-8.  And a lot of it was misinformation/disinformation from some small groups (Not DPZ) that don't want commerce on OLF-8.  I didn't think much of it at the time, but I did respond to it.  I even did a series of posts about it--because I felt it was really outlandish and the information was propaganda! (plus, this was before the embarrassing DPZ email issues were made public by Rick Outzen and the other media outlets, illustrating NFCU's involvement-so I still thought, naively, that DPZ was working with us, not against us.)

Fast forward a few months and now the pieces are coming together.

Now that I am receiving DPZ Co-Design's recent batch of emails-- I realize why me and my neighborhood  were being targeted.  According to the emails in the latest batch, an employee of DPZ's subcontractor Impact Campaigns indicated she had an "uncle" that lives in my neighborhood.  In emails only circulated within the DPZ team (County project managers excluded), this was described as Brooke's "secret weapon."  In August the DPZ team was conducting extensive outreach to many of the neighborhoods.  No harm in that, right?  

But in the winter, some groups with which DPZ had been communicating (NFCU/Beulah Coalition, No Commerce Park on OLF-8) began openly advocating, via email, against any commerce at all on the field--in direct contravention to what their client, the BCC, had identified as one of the client's top goals with this property.  Not only that, these emails were full of inaccuracies and outright lies!

My response to my neighbors, via email, apparently made its way back to DPZ through one of these "other" entities, at which point the DPZ team apparently relished, and shared, the strife they felt they had created between my neighbors and myself, as the sitting county commissioner that represents that neighborhood. (Again, county staffers apparently were left out of this operation and not copied on this string). But boy oh boy--Travis Peterson of Impact Campaigns sure seemed pleased to create and stir up this discontent, stating: 

"From Belle [sic] Ridge Forest neighborhood association.  Brooke's uncle lives there.  Bergosh is feeling the heat, and I think this is exactly how we want to be positioned right now-- as the honest

Inside the DPZ Co-Design Emails and Text Messages, Part I: Colorful Text Message Commentary...

Text Messages like this one, above, have been turned over to commissioners late last week from our consultant DPZ CoDesign.  They are not flattering....

Late Friday afternoon DPZ Co-Design Team leader Marina Khoury sent two drop box hyperlinks to the county.  The links contain the emails and text messages I requested pertaining to the OLF-8 master planning project DPZ is working on for the county.  I requested them after a contentious meeting and after learning about some other concerning issues as a result of some blogs and articles in Rick Outzen's InWeekly.

(DPZ is requesting the county, their client, pay them a large sum of money for providing this information requested public record information. from Khoury's email  "The fee for this work is $5433.75 (28.75 hours x $189" . This seems to be very excessive, exorbitant --so this will be discussed Thursday at our Committee of the Whole Workshop.)

Last month the whole process was upended when emails were disclosed that showed our consultant, DPZ, was copied on emails where some vocal minority-opinion groups were setting out to undermine our economic development goals and objectives and publicly embarrass the commissioners.  The county was never notified of this in real time, which to many observers constituted a serious breach of professional ethics on the part of DPZ.  We are DPZ's sole client, and intentions potentially harmful to the client and the client's project related to DPZ via email copy should have been immediately reported back to the county. But they were not.

This was the genesis of some very negative press for DPZ and Navy Federal Credit Union.

So later this morning my aide will begin making copies of these latest emails and text messages so that I can more easily go through every one of them, page by page, centimeter by centimeter.  Which I will do.

Meanwhile, a quick look at some of the text messages over the weekend is enough to get me started.

The recurring theme seems to be simple:  DPZ have their ideas and plans, massive residential, minimal commerce, and anyone who disagrees with them is the enemy.  Rick Outzen is the enemy for his blog posts and stories--simply for covering the machinations discovered in his publicly requested emails--and for telling the truth.  Scott Luth apparently is not respected and not liked---in one text released DPZ team member Mike Weich says of Scott Luth "He really doesn't get it--I'm embarrassed for him."  Why?  Scott is sharp and works hard to bring jobs to our county.  Why disparage him?? And of course--- I am the most hated of all.  Referred to as an "Ass" by team leader Khoury in one text--run down and disparaged in several others.  It's okay--doesn't hurt my feelings.  At least I wasn't called an "ASSHOLE"-like  Rick Outzen was.  Rick is referred to as an "Asshole" twice in just the few texts I've managed to wade through thus far.  (SEE TEXTS MESSAGE SCREEN SHOTS BELOW THIS POST)

The thing that is most disappointing---why the scheming and conniving, the backbiting and the bitterness from our supposed consultant?  We are all supposed to be working collaboratively on this project to do something good for the community-not work against each others' interests.  Disappointed in what I am reading is an understatement.  I'm not here to make best friends with DPZ or anyone else, I'm here to make the best decisions I can for the citizens I serve.  I've been in politics long enough now that none of this surprises me and because I have alligator thick skin--none of it bothers me.  I just wonder why DPZ didn't just pick up the phone and call me if they had something to say?  Why the backbiting and scheming?

DPZ team discussing and quoting from a February 10th blog post by Rick Outzen

DPZ team discussing and quoting from a February 15th blog post by me

  

Inside the DPZ Co-Design Emails and Text Messages Part II: DPZ's Drinking Game?

A trove of emails and text messages has been turned over to the county from our consultant DPZ.  The history of the issues with the master-planning effort for OLF-8 was posted in part I.

I'm going through the emails and texts over the next several evenings and I will do a series of posts on what I find.

And there are serious issues that need to be discussed about this issue and they will be discussed.  

But I found a couple texts early on this weekend that were somewhat amusing.  So I'll post them next.  I hope I can keep from "spitting out my Guacamole.."

This exchange, these two texts above, was interesting.  

They come out seemingly complimentary as they watch our meeting and comment along like some strange version of Mystery Science Theater 3000- but then they devolve into laughing and giggling.  One member suggests it is some kind of a drinking game and another talks about getting "sober."  It's weird.  We are all taking this seriously--is DPZ and their team?

Is This OLF-8 Master Plan Actually an Opportunity to Get Growth's Impacts on Infrastructure Right?

I don't support it, But if we must accept thousands of additional residential units on OLF-8 in Beulah--I believe we should charge Impact Fees on OLF-8 specifically and exclusively---to offset the burdens on infrastructure and schools such high-density, high-intensity, urban-style residential will create.

As we stumble toward the end of the excruciating, apparently non-impartial, Rube-Goldbergesqe "effort" to finish the OLF-8 Master Plan----a question comes to mind that is worth asking.  Is this relentless, unending, concerted and orchestrated push for massive, additional residential development in Beulah on OLF-8 specifically---is this actually an opportunity to get growth's impacts on Infrastructure right as it pertains to what we allow on OLF-8?

One of the reasons I ran for this job in 2016 was because I saw the rampant, uncontrolled residential growth in Beulah that was permitted that swamped our schools and overwhelmed our infrastructure.  It was allowed to continue unfettered by the county because the state got rid of concurrency in 2011, and the County did likewise in 2013--stripping the concurrency provisions from the Land Development Code (LDC) in that year.  And then, the residential development floodgates opened in Beulah and we are seeing the resultant condition:  Schools overcrowded and traffic and stormwater infrastructure overwhelmed.

This is why I have funded the $300,000.00 effort to master-plan the greater Beulah area--a process that is moving forward.  It is also why I spent 13 months with a 9-member committee the county impaneled at my request to get community feedback about the best way to master plan this greater Beulah area--precincts 43, 68, and 5 (and subsequently the new precinct 114 in Beulah as well).  This "Greater-Beulah" contract has been awarded--and the work will commence soon.  More to come on that later.

And this is why--if we are now going to "approve" thousands and thousands of new residential units forced on us, constructed on OLF-8 at the behest of the "opinion" of DPZ and their influencers within the NFCU coalition--we ought to implement impact fees on any such residential construction contemplated on OLF-8 if we are legally allowed to do so.  We should do it because our infrastructure cannot take it without upgrades and the only Beulah elementary school is hundreds of students over capacity already.

To summarize: we don't have the infrastructure to support 60 DU/AC and the concomitant 1000's of housing units this would produce on OLF-8--so I am arguing against allowing this at all. 

Commercial development and jobs projects would build slowly, over years and decades--allowing for the infrastructure to build to match. If residential is permitted however--the private sector would swoop in and build apartments, townhomes, and condos faster than you could say "abracadabra" and we would be further gridlocked within 8-10 months. Residential builders are aggressive, determined, relentless and FAST. (They are not FDOT project managers struggling for years to finish two-lane blacktop projects…)

So----- If I must accept any residential on the field (which we do not need), I will argue for impact fees for this one geographic area, OLF-8, if legal to do so--in order that this massive residential influx if allowed will have to pay for the impacts to the school board and also for the road widening on Frank Reeder Road that simply cannot support this MASSIVE residential infusion of building.

DPZ Town Hall on OLF-8 Happened........200 or so Participated....Ho Hum.......

The DPZ town hall occurred last night playing to an audience of about 200 or so "online"....(our County's population is 315,000 and District 1's population exceeds 63,000...)

...And I hung in there for about an hour and a half for the one after another series of soliloquies.  I utilized the "Q&A" function to ask 7 specific questions for which I received various degrees of responses.

The latest hybrid plan was presented, and the DPZ staff took turns discussing various pros and cons of the previous plans and the recent hybrid plan.

They also made a big production about what they consider their willingness to do this online zoom meeting "pro-bono"--or no cost.  They put this in their press release and also reiterated this position. (Meanwhile, I am told their invoices submitted thus far to the county are approaching a Million Dollar$.)  But this zoom call was done for "free."

When I got on the call, there were a total of 137 attendees on the online town hall, plus 10 members of the DPZ staff.  On the facebook livestream, the attendee number fluctuated between 29 and 46 attendees.

So it looks like about 200 or so citizens were on the call total (unless some were on the call and on facebook livestream like I was--in which case that number could vary and be less)

The DPZ staff put a poll up asking some questions and they report a total of 210 folks participated and voted in that poll.  I'm not certain these were 210 unique poll responses, or were duplicates allowed? Not sure.

Not surprisingly, though,  the poll results from this small number of apparently like-minded attendees mirrors what DPZ wants:  Amazing!   

Q1--less than 100 acres for jobs --71% for 100 acres or less to 29% wanting more than 100 acres

Q2--High Density Residential -- 209% for high-density residential  to 8% for NO Housing (wait, how can that be accurate if it doesn't equal 100%?--someone ask the experts at DPZ to explain please)

Q3--Completion/build out timeline--76% 10 years or longer, 23% 5 years or less..

Afterword, at least one citizen excitingly, in giddy fashion, exclaimed what a smashing success this charrette was.  And her excited post got two or three "likes" and four comments....

Meanwhile, an exasperated nearby resident tagged me on this post to facebook that very quickly garnered 72 thumbs ups and 40 comments and counting....

"Jeff Bergosh

,

I have been asking to speak for about an hour (since the poll questions went up) and have been ignored. DPZ does not want to hear from the community and get our feedback! I want to make it clear that I do not want a single house on OLF 8. I want to see community amenities, specialty grocers (Trader Joe’s would be awesome), high end/high tech jobs, green space, schools, retail and restaurants, post office, a recreation center, and libraries.

I do not want my property value decreased by high density, lower cost housing! I do not want 500+ acres or warehouses, industrial buildings."

To which I replied:

"Melanie French

--. I support amenities for the residents, a school site, parks, some restaurants and retail for all of us out here. I also support lots of clean tech, high tech jobs in buildings that are built to high standards of aesthetic quality--like NFCU's buildings. Like you an many others I have spoken with--what I adamantly DO NOT support is any more high-intensity, high-impact, traffic exacerbating dense residential that DPZ and NFCU are pushing on this site. They are pushing it, and most residents like me ( a 17-year homeowner in Beulah) know our infrastructure cannot keep up if we allow thousands MORE apartments on this field.

But in the end, it will be a compromise. Neither you nor I nor anyone (DPZ, NFCU, etc.) is going to get 100% of what they want. And we will all more than likely have to accept some of what we specifically do not want.

But being the optimist I am---I believe that field is big enough for all of us to get a win, to get lots of the things we do all want!"

Was the Meeting Noticed Properly?

 

There was a hastily-arranged "town hall" announced this week.  There will be multiple commissioners on the call and an issue that WILL come before the board will be discussed.  Was the meeting noticed properly, though?

Although I believe it is premature and didn't necessarily feel it was warranted yet, before the BCC workshopped the latest DPZ hybrid plan for OLF-8, a "Town Hall" online has been scheduled for next Tuesday afternoon by DPZ Co-Design.

This potential town hall was mentioned at our recent meeting---but again--- I did not know it was a firm, absolute "go" until late Wednesday afternoon.  Thursday, I had my aide Debbie Kenney sign me up online to participate---which I intend on doing.  Participating, interacting, and speaking.

Because although I recognize the current iteration for the OLF-8 field is much better than previous renditions----I still think it needs a lot of work and a lot of massaging to get it just right.  It's not like this is the last and final plan--regardless of who was in a special last minute meeting to cobble it together.  It did not come off the mountain on tablets inscribed by fire and lightning bolts from heaven....

So although I don't think it is ready for primetime and the "town-hall" is premature--I will participate.

But wait--what if my counterparts want to as well?  From the meeting comments and other things I have heard from other sources--it's my understanding at least one or two of my counterparts will be on the livestream townhall as well.

And that is where I think this knee-jerk, hastily called town hall may put us in hot water if we are not careful.  Although this is not a meeting of the board---if one or more board members speak on this land-use  issue at this special "OLF-8 Town hall" meeting (and this is OBVIOUSLY something that will come before the board for a vote)--if NOT properly advertised--- this could potentially be considered a meeting out of the sunshine.  I don't want that to happen.  I am going to speak, and I don't necessarily want my peers precluded from doing likewise.

So in a few hours when everyone wakes up, I'll send an email and find out.  I hope this event was properly noticed, with a 7-day ad.

Otherwise, if it wasn't, it would probably be wise to advertise it properly to a different date.

We'll see though, maybe DPZ and the county team did, in fact, already advertise it.  IF so, no big deal.  See ya Tuesday at the townhall!