Audit of Winter Springs, Seminole County Penny Tax: Misallocation to Non-Infrastructure Spending

Audit of Winter Springs, Seminole County Penny Tax: Misallocation to Non-Infrastructure Spending

The Seminole County Clerk’s office reveals that the City of Winter Springs has made significant shifts in its allocation of sales tax revenue, rerouting millions initially intended for infrastructure improvements. The redirected funds, originally earmarked for projects like road repairs, bridge replacements, and waterway fortification, were instead used to finance police and staff vehicle purchases and supplement the water and sewer enterprise fund. These changes were made without alerting Seminole County officials.

Such conduct deviates from the initial wishes of the voters who approved this tax.

Currently, the city has not shown any willingness to replenish the infrastructure tax funds that were mixed into the water and sewer enterprise fund. Furthermore, they do not plan to repay the funds used for operational expenses, which fell outside the “infrastructure” label, including equipment repairs and the procurement of various items such as fire extinguishers and minor tools.

The top priority should be to replenish the infrastructure tax fund and redirect it to its original mission.

These funds were initially allocated to handle projects like bridge repairs and enhancement of city waterways, which, if not properly maintained, have proven to cause substantial damage to residents during severe weather.

If the funds had been properly used as initially planned, the waterways would have been prepared and safeguarded in anticipation of Hurricanes Ian and Nicole.

Please reference below links outlining the original projects intended for the $19 million allocation. So far, $10 million has been spent, and we are currently waiting on the status of the remaining $9 million, along with details on how these remaining funds will be allocated.

Read request for audit and original projects list

Read full audit here

https://www.seminoleclerk.org/wp-content/uploads/Final-Audit-Report-with-Management-Responses-052323.pdf

Read more on this story

Winter Springs protests paying back $2M despite audit

https://www.clickorlando.com/news/local/2023/05/24/winter-springs-protests-paying-back-2m-despite-audit-recommendation/

Audit into Winter Springs to look into infrastructure money spent elsewhere

https://www.wftv.com/news/local/audit-into-winter-springs-look-into-infrastructure-money-spent-elsewhere/UGEDYZORRNHDXHJLA5MWEZNNLM/

Fish Winter Springs 2023

Fish Winter Springs 2023

What a great event by the City of Winter Springs! Our littlest residents had a fantastic time with the Parks and Recreation team as they learned how to fish safely last month! Our city staff taught the young anglers how to bait a hook, tie a knot, and cast properly. At the end of the morning, each participant left with a free fishing pole, thanks to FWC, Florida Fish & Wildlife Conservation Commission!!!

This is a pre-registered event and every year it reaches capacity, so if you plan to join us next year, please register early!

Winter Springs City Commission Extends Growth Moratorium

Winter Springs City Commission Extends Growth Moratorium

A moratorium on growth enacted by the Winter Springs City Commission in early January has been extended through July 27 while the city implements a new stormwater policy for developers to follow.

The city adopted the original moratorium to temporarily halt new development projects while improvements were made to its stormwater infrastructure following flooding that occurred as a result of Hurricane Ian. The commission voted on March 27 to prolong the moratorium by another 90 days to allow more time for new stormwater standards to take effect.

While at least one apartment developer has backed out of plans for a lower-rent community during the moratorium period, it hasn’t prevented other concepts from coming forward.

Recently, a preliminary plan was presented to bring million-dollar homes to the shore of Lake Jesup.

The latest discussion on the moratorium came after commissioners voted on a game plan for its stormwater systems. The commission directed staff to move toward a policy that aligns with how the Florida Department of Transportation handles its projects.

David Hamstra, stormwater department manager with Pegasus Engineering who brought forward improvement recommendations to the city, said the new direction would result in stormwater ponds accompanying development projects to be built a little larger than what’s currently required by the city.

“This seems to be a good upgrade without getting too far out of the norm,” he told GrowthSpotter. “If engineers (for developers) have been doing this for a while, it will not be a significant increase on their time and effort for those who have done (projects) before through the DOT. As far as the cost to a developer, it’s hard to say. The ponds may get a little larger, maybe by about five percent, but I don’t think they will get much larger than that.”

The DOT follows a model called “Critical Duration Analysis” when it comes to determining the size of stormwater ponds for projects.

FDOT defines it as the following:

“Critical Duration means the duration of a specific storm event that creates the largest volume or highest rate of net stormwater runoff for typical durations up through and including the 10-day duration event. The critical duration is determined by comparing various durations of the specified storm and calculating the peak rate and volume of runoff from each. The duration resulting in the highest peak rate or largest total volume is the “critical duration” storm.”

Hamstra said it requires the developer to evaluate a various number of storm events as opposed to a single one.

“It’s more wide-ranging,” he noted. “They have to make sure the ponds are big enough so they can address large and small storm events of different durations.”

City leaders wanted to find an approach that wouldn’t be too restrictive to developers.

This option is “a proven design approach by the DOT, which has the most facilities in the state,” said interim city manager Philip Hursh. “Without being subjected to lawsuits, you can stand behind the DOT because it’s a proven and sound approach.”

After moving forward on the stormwater plan, the commission then voted unanimously to extend the moratorium that was originally set to expire on April 9.

As part of that extension, the commission stipulated that the moratorium would end upon passage of the new stormwater requirements.

Developers can still bring projects forward for review by staff during the temporary moratorium as long as the applicant agrees to the amended stormwater management and drainage standards adopted by the City Commission.

According to city records, there are 17 development projects currently in some stage of the review process in Winter Springs. One of these projects introduced recently for preliminary review is an upscale 14-lot subdivision on the shores of Lake Jesup. The million-dollar homes would feature a contemporary modern architectural style, according to materials submitted to the city.

Sean Glickman with Colliers International gave a presentation about the concept at the April 10 city commission meeting.

“We believe that a more luxurious style and more contemporary style will be more attractive for the highest payers of taxes that are looking for these types of homes,” he said. “I believe this subdivision will fit very nicely within the area of the town center, but also enhance it dramatically because of the contemporary, European, and luxurious feel.”

He said he believes the homes would sell in the $2 million and $3 million range. City commissioners encouraged the development team to pursue the project.

But at least one developer has abandoned plans amid the moratorium. Third Wave Development wanted to bring one of the company’s Avid-branded apartment communities with 80 units priced below market rate to the city. However, when the company’s CEO Chuck Hollis presented his concept to the commission in January he got little feedback and direction.

“Apartments are a tough one in Winter Springs,” Mayor Kevin McCann told Hollis.

Days later, Hollis informed city staff that he was no longer pursuing the project.

The Tuskawilla Self-Storage Controversy: A Tale of Rezoning and Community Dissent

The Tuskawilla Self-Storage Controversy: A Tale of Rezoning and Community Dissent

The Tuskawilla Self-Storage Controversy: A Tale of Rezoning and Community Dissent

In the city of Winter Springs, a vibrant controversy has unfolded, pitting local community members and city officials against a proposed self-storage facility. At the heart of the dispute is a parcel of land on Tuskawilla Road, eyed by the developer, David Axel, for the construction of the storage facility. The tension lies not only in the use of the land but also in the stark contrast it presents to the surrounding area, chiefly residential and commercial in nature.

A Call to Action: The Community’s Fight Against Rezoning

The city of Winter Springs holds a charm that its residents fiercely protect. The proposed Tuskawilla Self-Storage project has been viewed by many locals as a significant disruption to the city’s character, as it seeks to convert a land parcel zoned for Industrial and Agriculture use to Planned Development. Several residents voiced their concerns, citing potential diminished home values, a disrupted skyline, and increased traffic, among others.

The community has the right to challenge such rezoning, but the legal battle is tough. Some potential challenges include claims of the location being pedestrian-oriented, the possibility of the site being a brownfield, or that the proposed facility is inconsistent with surrounding residential uses. Nevertheless, these claims need to be substantiated with substantial evidence of harm for them to hold water in a court of law.

There is also the consideration of “spot zoning,” where the zoning amendment is invalid because it is not in accordance with a comprehensive or well-considered plan. However, proving spot zoning is not a simple task and heavily relies on the specifics of the case.

Seminole County Approves Despite Objections

Despite these objections, the Seminole commissioners unanimously approved the storage facility’s development plan. The commissioners cited the land’s long-standing zoning for industrial uses, which does allow for self-storage facilities. The point of contention here is that the city of Winter Springs never made substantial efforts to annex the property into their city and change the zoning.

Commissioners also noted that the landowner and the developer have property rights to develop the land within the county’s regulations. While the city and its residents may have their vision for the area, the property owner has the right to use their land within the established rules and regulations.

Lessons for the Future

This case serves as a reminder of the complex dynamics between local communities, city governments, and property developers. It’s a cautionary tale, emphasizing the importance of cities taking proactive steps to secure lands important for their vision and growth. In this instance, the commissioners suggested that Winter Springs should have either tried to annex the land into the city and changed the zoning or worked with the county on a joint planning agreement.

As the city and its residents navigate the aftermath of this controversial decision, it’s clear that the community’s voice has been heard, even if the outcome wasn’t as desired. The unfolding events surrounding the Tuskawilla Self-Storage serves as a testament to the power of community involvement and the importance of understanding and navigating zoning laws. It’s an ongoing narrative that continues to shape the development landscape of Winter Springs.

Stay tuned for more updates on this development and other local community news in Winter Springs.


Winter Springs ACE Hardware Development

Winter Springs ACE Hardware Development

Ace Hardware & Commercial Space

Commercial Development – 23,559 sqft Hardware Store & 3 Commercial Spaces

PUBLIC HEARINGS AGENDA

CITY COMMISSION

MONDAY, APRIL 24, 2023 | REGULAR MEETING

Proposed Development: Northeast corner of Tuskawilla Rd. and Michael Blake Blvd., just south of the Mobil Gas Station

The Community Development Department requests that the City Commission hold a Public Hearing to consider the aesthetics for a proposed Ace Hardware with attached commercial space located within the Town Center (T5 Transect). 

The project includes a 23,559 sqft hardware store as a permitted use and three vacant tenant spaces of 2,621 sqft, 2,187 sqft, and 2,323 sfqt.

City of Winter Springs Tree Arbor Ordinance

City of Winter Springs Tree Arbor Ordinance

City of Winter Springs Tree Arbor Ordinance

The City of Winter Springs Tree Arbor Ordinance requires that a permit application is submitted to the City and a fee paid for each tree removal of 4” DBH* or larger, unless the tree is dead, diseased, or poses a clear and obvious safety hazard to structures or people. 

In addition, the Ordinance requires that all trees which are removed or destroyed and are subject to replacement. 

https://www.winterspringsfl.org/cd/page/arbor-replacement-removal

Easter Egg Hunt 2023 Winter Springs, Florida

Easter Egg Hunt 2023 Winter Springs, Florida

The annual Egg Hunt tradition at Central Winds Park was a hopping good time for all who attended! Children ranging in age from 2 to 12 brought their baskets and participated in a park-wide egg hunt with fun and prizes for everyone. It was truly an egg-citing event!

The highlight of the day was the special golden egg, which held a big surprise for the lucky child who found it. With advanced registration required, the event was well-organized and accommodated the largest number of people possible by dividing the egg hunt into age ranges and time slots.

Winter Springs residents were able to participate for free, making it an accessible event for all families in the community. Overall, it was a wonderful day filled with laughter, joy, and plenty of egg-citement. We can’t wait to see what next year’s Egg Hunt has in store!

Choices In Learning Winter Springs

Choices In Learning Winter Springs

A charter school in Seminole County, which has received an A rating and is highly popular, is experiencing turmoil due to the possible departure of the school’s principal. Many parents are blaming the board members for unfairly pushing out the well-liked principal, and there is a sense of fear and anger among the school community. The governing board, which is not elected, has come under fire for making decisions that do not prioritize educational needs.

The conflict began in November 2020, after a board member was denied permission to deliver a tiara and a stuffed animal to his children during school hours, violating the school’s policy. This led to a series of incidents, including the board member requesting footage from the school’s security cameras to monitor the principal’s activities and an orchestrated meeting where former employees spoke critically of the principal.

At a board meeting, the principal resigned, with some board members voting to accept her resignation, while others praised her work. Many parents have signed an online petition to stop the “forced resignation” of the principal, and some have attended board meetings to express their support for her. The principal filed a formal complaint against the board members, accusing them of bullying and harassment.

The board’s previous attorney conducted an investigation into the matter, and the board has since hired a new attorney. The investigation concluded that the board members’ actions did not meet the legal definition of bullying and harassment, but the board member’s actions could lead a reasonable person to believe that there was specific intent against the principal.

The lack of checks and balances within the board, and the fact that it is not elected, has frustrated many parents who feel they have no say in what is happening at the school. The school is in the last year of its 15-year charter, so it will need to seek renewal next year.

Week 4 Legislative Update

Week 4 Legislative Update

Bill Dealing with Residential Building Permits Passes First Committee

CS/HB 671 (Esposito) and SB 682 (DiCeglie) are comprehensive building permit bills. The bills drastically change the process that local governments have to go through before a building permit is approved, including significantly reducing the timeframes for approval of permits. On Tuesday, CS/HB 671 (Esposito) passed in its first committee of reference 11-4. The Senate companion, SB 682, has yet to be put on an agenda. (Branch)

More Help Is On the Way for Operator Shortages at Water and Wastewater Facilities

CS/CS/SB 162 (Collins) and CS/CS/HB 23 (Bell), an FLC Policy Position, would require the Department of Environmental Protection to issue a license by reciprocity to any out-of-state water or wastewater operator that has an active and valid license from that other state with license requirements that are comparable to Florida. This week both bills passed out of committee unanimously. (O’Hara)

Financial Disclosures for Local Officials Passes Through Committee

On Thursday, CS/CS/SB 774 (Brodeur) passed through its last committee of reference on a vote of 16-4. CS/HB 37 (Roach) is waiting to be heard in its third committee of reference. CS/HB 37 would require all municipal elected officials and all city managers to file an annual full disclosure of financial interests (Form 6) with the Florida Commission on Ethics, while CS/CS/SB 774 (Brodeur) was amended in committee to remove city managers from the more stringent requirement. (Taggart)

Winter Springs Gee Creek Update

Winter Springs Gee Creek Update

GEE CREEK UPDATE:

The City of Winter Springs Public Works staff has been focused for the past few weeks on the debris clean-up No Name and Gee Creeks. The City is aware of the sediment build-up at the culverts on Alton Road and attempted to remove the sediment in-house but the cities equipment could not reach far enough into the creek bed. The City has since contracted a vendor to do so and they are scheduled to address this in late March/early April. They are doing the same for other areas throughout the City.

Once we receive formal notification from NRCS of our funding for the larger debris clean-up, such as larger trees, we will solicit one maybe two contractors to complete the clean-up; which is anticipated to be completed in May 2023.

Gee Creek is a 5.0 mile stream.

This waterbody is located within: Lake Jesup Watershed Gee Creek Watershed

Size and Volume

Length within Atlases

4.97 miles

Headwaters

Lake Kathryn, Seminole County

Mouth

Unnamed Swamp West Of Lake Jessup

Drainage Basins

Middle St. Johns River