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BCC Minutes 09/02/1998 B (Pelican Bay MSTBU Budget) REGULAR MEETING OF THE BOARD OF COUNTY COHMISSIONERS Naples, Florida, September 2, 1998 LET IT BE REHEHBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 6:00 p.m. in SPECIAL SESSION at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida, with the following members present: CHAIRPERSON: Barbara B. Berry Pamela S. Hac'Kie John C. Norris Timothy J. Constantine Timothy L. Hancock ALSO PRESENT: Robert Fernandez, County Administrator RESOLUTION 98-367 APPROVING THE SPECIAL ASSESSMENT ROLL AND LEVYING THE SPECIAL ASSESSMENT AGAINST THE BENEFITED PROPERTIES WITHIN THE PELICAN BANY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - ADOPTED CHAIRPERSON BERRY: Good evening. I'd like to call to order this special meeting where the budget for your HSTU will be set. And if we could have roll call and then we will stand for the Pledge of Allegiance, please. Commissioner Mac'Kie? COHMISSIONER HAC'KIE: I'm here. CHAIRPERSON BERRY: Commissioner Norris? COHMISSIONER NORRIS: Here. CHAIRPERSON BERRY: Commissioner Constantine? COHMISSIONER CONSTANTINE: Here. CHAIRPERSON BERRY: Commissioner Hancock? COHMISSIONER HANCOCK: Here. CHAIRPERSON BERRY: And Commissioner Berry. If you will please stand for the pledge of allegiance to our flag, please. (Pledge of Allegiance was recited in unison.) CHAIRPERSON BERRY: Mr. Ward? MR. WARD: Thank you, Ms. Chairman. First I'd like to take the opportunity to welcome the board to Pelican Bay on your once-a-year trek down here to listen to the community with respect to the adoption of your fiscal year 1999 budget for the Pelican Bay Services, and to consider the adoption of the resolutions with respect to levying nine ad valorem assessments on property within the boundaries of Pelican Bay. My comments will be brief to you tonight. The budget for fiscal year 1999 for Pelican Bay Services is approximately a 5.6 million dollar budget. It includes both operating expenditures and capital expenditures, primarily related to the restoration of the Clam Bay system, and also to include this year capital expenditures related to the irrigation and landscaping programs in Pelican Bay. The residents of Pelican Bay pay for the services essentially in two forms. The first is a non-ad valorem assessment composed of two parts: Part one is an operating assessment related to the water management and landscaping programs within Pelican Bay. That runs approximately $182 per unit per year. And the other portion of it is the capital expenditures related to two -- the restoration of the Clam Bay system and also the capital assessment for the irrigation and landscaping system analysis of this community. For 1999 that amount is roughly $84 per unit per year. The total projected non-ad valorem assessment for both the capital operation and for the operations of the landscaping and water management system is $272.24 per unit per year. In addition to the non-ad valorem assessment, the community pays for the additional patrols of the Collier County Sheriff's Office each year, and for the street lighting system through an ad valorem tax imposed on this community. The estimate for the millage rate for 1999 is .2488 mills on a -- roughly a 1.986 billion dollar ad valorem tax base here within Pelican Bay. That ad valorem tax base is up over 10 percent over the prior year. That means that a homeowner living in a $250,000 home will pay roughly $62 per year for that additional community policing patrol and for the street lighting system here in Pelican Bay. The budget for the division has been reviewed by your advisory committee at a number of workshops that it held during the past few months, and the results of those workshops are contained in the budget proposal that you have before you today. The notices have been sent out to all of the residential units within Pelican Bay Services for the proposed non-ad valorem assessment. And I just need to take a minute and go through with you how we assess this community on a non-ad valorem tax basis. We include, for purposes of the assessment, a methodology which essentially converts all of the single-family, multi-family and commercial and/or hotel properties within this community into an equivalent residential unit basis. There are roughly 77 -- well, there are exactly 7,755.93 accessible units within the boundaries of Pelican Bay Services division to which each unit will pay $272.25 per accessible unit. The advisory board went through an analysis a number of years ago with respect to the methodology of assessment, including a recent analysis during its workshop, of whether or not to change the non-ad valorem assessment to an ad valorem tax. And it concluded at the end of that discussion that it should keep the way in which it charges for the services that I enumerated to you on a non-ad valorem basis. That was due primarily to the fact that there is a divergent population within this community in which the taxable values of homes range anywhere from $150,000 up to multi million dollar condominiums and homes in the Bay Colony area. By switching to an ad valorem tax, it essentially shifted the burden of the payment for the services that are provided by the division to the higher end units when there really wasn't a legal nexus that we could determine at the advisory board level that indicated that those benefits essentially shifted to those higher end units. As a result of that, the advisory board took the position that it wanted to try and equalize the assessments across the community through a non-ad valorem assessment methodology, based upon the number of equivalent residential units within the boundaries of the Pelican Bay community, and that is what you have before you today. With that, that's all the presentation that I have and I'll be glad to answer any questions. CHAIRPERSON BERRY: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I have no questions. I'm familiar with the report. CHAIRPERSON BERRY: Commissioner Norris? COMMISSIONER NORRIS: Just for the record, Mr. Ward, this was all approved for the -- by the advisory panel; is that correct? MR. WARD: Yes. COMMISSIONER NORRIS: And do you recall what the vote was on that at the final hearing? MR. WARD: I believe it was a unanimous vote. COMMISSIONER NORRIS: Unanimous. MR. WARD: Yes, uh-huh. CHAIRPERSON BERRY: Anything further? COMMISSIONER NORRIS: No. CHAIRPERSON BERRY: Commissioner Constantine? COMMISSIONER CONSTANTINE: No questions. CHAIRPERSON BERRY: Commissioner Hancock? COMMISSIONER HANCOCK: No, ma'am. CHAIRPERSON BERRY: Do we have any public speakers? MR. WARD: We have no registered speakers. CHAIRPERSON BERRY: No registered speakers. COHMISSIONER HANCOCK: For those that may not be familiar, is -- anyone that came here tonight with the intent to speak and did not register, so raise your hand. Okay. COHMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we adopt the resolution approving the special assessment roll and levying the special assessment against the benefitted properties within the Pelican Bay municipal service taxing and benefit unit. COHMISSIONER HANCOCK: Second. COHMISSIONER NORRIS: I'll second that. CHAIRPERSON BERRY: Okay, we have a motion and a second. If there are no further questions -- MR. WARD: I just have one comment I need to put in the record. I did receive -- out of the 7,755 notices that were sent out, we received one comment, which I have provided to the recording secretary for inclusion in the record, objecting to the assessment, but that's for your record only. CHAIRPERSON BERRY: All right. And that's noted in the -- in our minutes. COHMISSIONER HANCOCK: And we all received that. CHAIRPERSON BERRY: As well. COHMISSIONER HANCOCK: Everybody has it in front of him, so -- CHAIRPERSON BERRY: If there's no further questions, I'll call the question. All in favor? Opposed? (No response.) CHAIRPERSON BERRY: Motion carries five-zero. If there is no further business to come before this group, and hearing none, the meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 p.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BARBARA B. BERRY, CHAIRPERSON ATTEST: DWIGHT BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC