Okaloosa County BOCC — May 6, 2014 — Letter E. Padgett_History of MSBU — reading text

TALLAHASSEE FORT MYERS 1500 Mahan Drive 12731 World Plaza Lane Suite 200 Suite 2 Tallahassee, Florida 32308 a O TS Fort Myers, Florida 33907 (850) 224-4070 Tel (239) 288-4027 Tel (850) 224-4073 Fax ( ib li n (239) 288-4057 Fax FORT LAUDERDALE TAMPA 110 East Broward Boulevard k 2502 Rocky Point Drive Suite 1700 Ni Cc ers O al PA. Suite 1060 Fort Lauderdale, Florida 33304 TORNEYS AT LAW Tampa, Florida 33607 (954) 315-3852 Tel (813) 281-2222 Tel (813) 281-0129 Fax Reply to Tallahassee April 30, 2014 Via Electronic Mail Ernie Padgett County Administrator Okaloosa County 1804 Lewis Turner Boulevard, Suite 400 Fort Walton Beach, Florida 32547 Re: Okaloosa County Beach Restoration Project Municipal Service Benefit Unit Dear Ernie: You have requested some historical background concerning the creation and development of the Okaloosa County Beach Restoration Project Municipal Service Benefit Unit over the years. As a result of numerous storm events impacting Okaloosa County, the need to restore and protect beach areas became a significant issue of public concern. In furtherance of these needs, the County developed a plan for beach restoration. This plan consisted of shoreline, berm, and dune stabilization and restoration, on Okaloosa Island and in the western portion of the City of Destin. To provide for this restoration, the Board determined to fund both projects with two revenue sources. These were through the proceeds of the first penny of the Tourist Development Tax and by a special assessment imposed on properties that would receive a special benefit from the project. On December 4, 2007, the Board adopted Ordinance 07-71, which created the Okaloosa County Beach Restoration Project Municipal Services Benefit Unit (“‘“MSBU”). The Unit consisted of two sub areas. The first was for the funding of the Okaloosa Island Project and the Ernie Padgett April 30, 2014 Page 2 second was for the funding of the Western Destin Project. After creating the MSBU, the assessments were actually imposed through the adoption of resolutions. The resolutions imposing the assessments were initially adopted in the summer of 2008 and were collected on the tax bill mailed in November, 2008. The assessments were to be imposed for eight years. Since the initial adoption of the assessment resolutions, the Board has imposed the assessment each year since 2008 for a total of six years. On January 17, 2012, the Board elected to delay implementation of the beach restoration Project on Okaloosa Island and adopted Ordinance 12-02 which repealed the assessment within the Okaloosa Island subarea of the MSBU. The Board also ordered a refund of all of the assessments paid by those property owners. The County proceeded with the Project in Western Destin but several properties located on the beach were removed from the Project because they had refused to grant their consent. The assessments paid by these property owners were also refunded to them. The Project has been completed and was extremely beneficial to the properties that were subject to the assessments. During the history of these assessments, there has been significant discussion concerning the assessment and whether modifications should be made. These discussions included not only whether a reduction in the assessment amount should occur but also whether the assessment might be discontinued prior to the eighth year. These comments were never adopted by the Board but merely discussion points made during the course of a meeting. ae If you have any questions a any additional information, please contact me. _/ sm Se \ iu Stewart } i GTS:pad