www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 12, 2014
REVISED August 12, 2014 - Regular Meeting
Agenda Item #53


Subject
Hernando Avenue Street Lighting MSBU

Briefings
None

Contact and/or Presenter Information

Sherri Robinson, Assessment Coordinator - x7334

Jeff Streitmatter III, P.E., Project Management Div. Manager - x7331



Action Requested

Adoption of Resolution R-14-100 amending the Hernando Avenue Street Lighting MSBU from $57.50 per parcel per year to $64.40 per parcel per year.



Enabling/Regulating Authority

Chapter 125.01(Q), Florida Statutes, provides for the establishment of a MSBU and provides that the BCC shall be the governing Board of any MSBU created.

Chapter 125.01 (R), Florida Statutes, provides for the County to levy, collect, and enforce special assessments within a MSBU.

Chapter 197.3632, Florida Statutes, provides for the use of the Uniform Method for the levy, collection, and enforcement of Non-Ad Valorem Assessments.



Background Discussion
  • December 8, 2005, petition submitted from 75% of the property owners on Hernando Avenue requesting the County take over the maintenance and operation of the existing streetlights.

  • January 19, 2006, First Public Information Meeting was held with the property owners on Hernando Avenue to discuss the proposed Street Lighting MSBU.

  • January 20, 2006, letters were mailed to the property owners along with a postcard.  The purpose of the postcard was to enable each property owner to register whether they were in favor of, or opposed to, the proposed Street Lighting MSBU on Hernando Avenue.  After four (4) mailings, 75% of the property owners were in favor of establishing a Street Lighting MSBU for Hernando Avenue.

  • June 6, 2006, the BCC adopted Ordinance 06-30 which established a Street Lighting MSBU for the maintenance and operation of the existing streetlights on Hernando Avenue.  The annual assessment associated with this MSBU of $39.47 per parcel per year was calculated by determining the costs over the immediate preceding 12 month period, and included the Florida Power and Light charges, Property Appraiser and Tax Collector Fees, and Indirect Costs.  It was determined that the $39.47 per annual tax assessment did not adequately fund this MSBU, resulting in a deficit for 2007 due to the underestimating of Indirect Costs.

  • April 22, 2008, the BCC authorized setting a Public Hearing to consider amending the Hernando Avenue Street Lighting MSBU.  However, it was pulled from the consent agenda at the direction of the BCC.  Staff had originally recommended that the assessment be increased from $39.47 per parcel per year to $95.00 per parcel per year.

  • After evaluation of the methodology used for determining indirect costs, it was determined that indirect costs would be based upon the actual cost of utilities.  Staff recommended phasing in the indirect costs for Hernando Avenue over a period of three (3) years to bring it up to the cost of their utilities. 

  • August 12, 2008, the BCC adopted Resolution R-08-120 which amended the Hernando Avenue Street Lighting MSBU by increasing the assessment from $39.47 per parcel per year to $50.89 per parcel per year.

  • In 2009, our methodology for determining indirect costs was re-evaluated.  It was determined that indirect costs would be more uniformly calculated for all street lighting projects as follows:

    1st Year = Flat fee of $1,000.00 + $5.00 per parcel
    2nd Year = Flat fee of $500.00 + $5.00 per parcel
    All subsequent years = Flat fee of $500.00 + $5.00 per parcel

  • Since we were changing the methodology for calculating indirect costs, Public Hearings were conducted on all twelve street lighting projects on August 25, 2009.  The assessment was increased in two of the projects, decreased in seven projects, and the assessment remained the same in three projects, one of them being Hernando Avenue.

  • August 25, 2009, the BCC adopted Resolution R-09-058.  The assessment per parcel per year of $50.89 remained the same.  However, it was to be increased in FY 2013 to $57.50 per parcel per year. 

  • June 19, 2012, the BCC authorized setting a Public Hearing for July 24, 2012, to consider amending the Hernando Avenue Street Lighting MSBU by increasing the assessment from $50.89 per parcel per year to $57.50 per parcel per year.

  • July 24, 2012, the BCC adopted Resolution R-12-141 which amended the assessment roll for Hernando Avenue by increasing the assessment from $50.89 per parcel per year to $57.50 per parcel per year.

  • The Financial Management Department has determined that the assessment needs to be increased from $57.50 per parcel per year to $64.40 per parcel per year to cover the actual costs that we are billed for lighting.

  • June 17, 2014,  the BCC authorized setting a Public Hearing for July 29, 2014 to consider amending the Hernando Avenue Street Lighting MSBU by increasing the assessment from $57.50 per parcel per year to $64.40 per parcel per year.

  • Due to Public Notices not being advertised as required, the Public Hearings were rescheduled for August 12, 2014.  Property owners were notified of the new date.

     
  • It is anticipated that this assessment of $64.40 per parcel per year will remain consistent for a number of years.  However, we cannot predict substantial increases or decreases on the cost of utilities imposed by our electric companies.


County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records

Please record Resolution R-14-100, Exhibit "A" (Assessment Roll), Exhibit "B", Part 1 of 2 (Letter to Property Owners), Exhibit "B", Part 2 of 2 (Attachment to Letter to Property Owners), and Proof of Publication.  Send copies of the recorded documents to Sherri Robinson, Assessment Coordinator - Public Works/Project Management Division (E-Mail: sherri.robinson@mymanatee.org). 

Recording Fees to be charged to Account #700013.



Cost and Funds Source Account Number and Name
Hernando Avenue Street Lighting MSBU - $1,803.20 (Account #193-0000000)

Amount and Frequency of Recurring Costs
N/A


Attachment:  Resolution.pdf
Attachment:  Exhibit A.pdf
Attachment:  Exhibit B - Part 1 of 2.pdf
Attachment:  Exhibit B - Part 2 of 2.pdf
Attachment:  List of Property Owners.pdf
Attachment:  Location Map.pdf
Attachment:  Proof of Publication.pdf