Okaloosa County BOCC — October 6, 2015 — Public Hearing to use Non Ad Valorem Assessment Collection for The — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 6, 2015 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Public Hearing to use Non Ad Valorem Assessment Collection for The Pines and Triple Lakes Estates DEPARTMENT: Public Works BCC DISTRICT: 1 STATEMENT OF ISSUE: Various property owners within the Pines and Triple Lakes subdivision in northern Okaloosa County have sought the assistance of the County in obtaining paved roads in their subdivisions. Many have submitted petitions under the County’s policy to create a Municipal Services Benefit Unit (MSBU) and obtain the paving of their roads. At this point, there is a sufficient number of petitioners to pave two roads within the Triple Lakes subdivision and it is anticipated that additional roads in Triple Lakes and the Pines subdivision will be submitted and qualified for improvements under the policies. As contemplated, each property owner will pay their fair share of the actual cost of the improvement of their road over a period of years as an assessment against the property. The assessment will be collected annually on the ad valorem tax bill. Under section 197.3632, Florida Statutes, in order for the County to utilize the tax bill process, notice of intent to use the non ad valorem collection process must be adopted by the Board prior to January 1. Notice of the hearing must be published for four consecutive weeks prior to the hearing. BACKGROUND: Various property owners within the Pines and Triple Lakes subdivision have sought the assistance of the County in obtaining paved roads within their subdivisions. Many have submitted petitions under the County’s MSBU policy to create a MSBU and obtain the paving of their roads. Staff has been working with the residents and property owners on this process and held a town hall meeting to discuss the project and costs which would be incurred. The community was very receptive to the concept and many people submitted petitions. At this point, we have sufficient number of petitions to pave two roads within the Triple Lakes subdivision and it is anticipated that additional roads in Triple Lakes and the Pines subdivision will be submitted. As contemplated, each property owner will pay their fair share of the actual cost of the improvement of their road over a period of years as an assessment against the property. The assessment will be collected annually on the ad valorem tax bill. Under section 197.3632, Florida Statutes, in order for the County to utilize the tax bill process, notice of intent to use the non ad valorem collection process must be adopted by the Board prior to January 1. Notice of the hearing must be published for four consecutive weeks prior to the hearing. The primary purpose of the adoption of the Notice of Intent is to notify the Property Appraiser and Tax Collector that assessments may be imposed. The adoption of this resolution will not commit the Board to actually impose the assessments; however, if this resolution is not adopted, then the Board will not be able to include and collect them on the ad valorem tax bill. Collecting the assessments on the tax bill will be a requirement for the obtaining of financing of the improvements. There will continue to be an effort to obtain the requisite number of petitions for other road improvements within the Pines and Triple Lakes and it is anticipated that several roads within these two subdivisions will ultimately be included in the paving program. This effort will be ongoing and merely because the requisite number of property owner have not submitted their petitions for inclusion in this paving cycle will not preclude that road from being included in a subsequent year’s paving program. Once the Board adopts a Resolution indicating its Intent to Use the Non Ad Valorem Assessment Collection Process for the Pines and Triple Lakes Subdivisions, subsequent actions will be required in the following months. These include the creation of a Municipal Services Benefit Unit for each subdivision and the adoption of various resolutions to impose the assessments. Further, financing for these improvements will need to be separately addressed through the County and based upon a pledge of the assessments against the property. If the assessments are ultimately imposed by the Board, they will first appear on the November 2016 Tax Bill. Only those properties which are on road that will be improved would be subject to the assessment. On September 10, 2015 staff met with residents of both the Pines and Triple Lakes Subdivisions to discuss the potential MSBU and various steps required. Support for segments of roadways within each subdivision was shared by the vast majority of those attending. In order to comply with advertising requirements the notification for the public hearing is required to be advertised for four consecutive weeks (this is longer than the typical public advertisement period), therefore the Public Hearing date is requested for December 1, 2015. OPTIONS: Approve/Disapprove the scheduling of a public hearing on December 1, 2015 for the adoption of a Resolution providing the County’s Notice of Intent to use the Non Ad Valorem Collection Process and to provide the required advertising for the public hearing. RECOMMENDATIONS: Authorize the scheduling of a public hearing on December 1, 2015 for the adoption of a Resolution providing the County’s Notice of Intent to use the Non Ad Valorem Collection Process and to provide the required advertising for the public hearing. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator