Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS CALL TO ORDER: The Marion County Board of County Commissioners met in a special session in Commission Chambers at 2:01 p.m. on Monday, at the Marion County Governmental Complex located in Ocala, Florida. INTRODUCTION OF PUBLIC HEARING BY CHAIRMAN KATHY BRYANT Chairman Bryant advised that the public hearing was scheduled this afternoon in regard to the Pine Run Estates Municipal Service Taxing Unit (MSTU) for Road Improvements. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance to the Flag of our Country. ROLL CALL Upon roll call the following members were present: Chairman Kathy Bryant, District 2; Vice-Chair Michelle Stone, District 5; and Commissioner Carl Zalak, District 4. Commissioner David Moore, District 1; and Commissioner Jeff Gold, District 3, were absent due to prior commitments. Also present were County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. PRESENT PROOF OF PUBLICATION Deputy Clerk Bonvissuto presented Proof of Publication of a display ad entitled, "Notice of Public Hearing for Non Ad Valorem Assessments" published in the Star Banner newspaper on September 4, 2018. The Deputy Clerk received a 13 page Agenda packet from staff and 3 aerial project location maps for Pine Run Estates Municipal Service Benefit Unit (MSBU). STAFF PRESENTATION Shawn Hubbuck, MSTU/Assessment Director MSTU/Assessment Director Shawn Hubbuck commented on the potential increase for an annual assessment for Pine Run Estates MSTU for Road Improvements from $60 to $90, which will be effective the following year. He referred to the aerial map shown on the overhead screens, showing the outline of the entire boundaries of Pine Run Estates. As previously stated the current annual rate is $60 per parcel and there are 850 parcels in Pine Run Estates. Services provided are for road maintenance and road improvements. Road maintenance includes sinkhole and/or pothole repair, right-of-way (ROW) mowing, landscaping in medians, as well as mowing of the drainage retention ponds. On October 19, 2017, the advisory board requested MSTU prepare a presentation and attend a property owner association meeting, which occurred on February 8, 2018. The presentation provided frequently asked questions (FAQs) about the Pine Run Estates MSTU and the existing budget with account balances. The main topic was to help increase the funding balance for the Pine Run Estates MSTU for a future overlay or reclaiming of the roads. The current balance for road improvements is $81,945 and the estimated mileage of roads in Pine Run Estates is approximately 12.45 miles. The current cost to resurface subdivision roads ranges from $125,000 up to $175,000 per mile. Book Y, Page 541
In anticipation of the roads needing to be done in the future is the main direction of the Advisory Board Chairman to move forward with the potential increase. Also included in the agenda packet is Ordinance No. 13-09, increasing the maximum annual rate per lot from $60 to $120 and Resolution No. 13-R-187 establishing the annual rate of $60 per lot. As required by Section 197.3632, Florida Statutes (FS), the BCC must hold a public hearing to adopt a Resolution of a uniform method for the levy, collection, and enforcement of non-ad valorem assessments and certify the rolls to the Tax Collector. The attached proposed Resolution will determine the assessment rate of $90 for 2019 and will be attached with a special assessment roll for 2019 next calendar year to be in compliance with Section 197.3632, FS. Mr. Hubbuck advised that if the Resolution is adopted, an assessment roll will be done later in the year when the regular annual assessment rolls are presented. In response to Chairman Bryant, Mr. Hubbuck stated this assessment will not appear on the tax roll until next year (2019). County Attorney Matthew G. Minter noted Mr. Hubbuck advised that the correction of sinkholes are covered by maintenance activities. He asked for clarification so as to avoid any possible misunderstanding in the future that those sinkholes referenced are only within the roadway and not on private property. Mr. Hubbuck concurred, noting all maintenance is located within the existing ROW of Pine Run Estates and not on private property or on their clubhouse property. PUBLIC COMMENT Chairman Bryant opened the floor for public comment. Jim Flicklinger, SW 98th Terrace (Pine Run), advised that he is Chairman of the Pine Run Estates MSTU for Road Improvements Advisory Board. The $30 increase is to cover the rising cost of doing business. He noted the assessment increased from $30 to $60 in 2013 and each year since then the cost of mowing, signs and labor have increased, but the assessment has not kept up with those increases. The additional $30 will help the MSTU to build up funds. Mr. Flicklinger opined that the increase will never cover the cost of doing the roads, but will help relieve the cost to residents when it comes time to improve the roadways. Jake Weaver, SW 96th Avenue, commented on the $30 increase, noting Mr. Flicklinger spoke to cutting grass and maintaining the surrounding area, which has nothing to do with roads. He opined that the assessment does not need to be increased at this time since the roads are in good shape compared to the rest of the county. Joseph Chillari, SW 102nd Place (Pine Run), expressed his opposition to the proposed increase as more is being done to beautify medians and common areas. He commented on deed restrictions and paying $102 month in fees; however, security and yard trash were eliminated from the amenities, but residents may contract for pickup services with the disposal company for a bi-monthly fee of $10. Mr. Chillari stated the amenities fee was raised another $5 per month to pay for the pool pump. He advised that residents are getting household trash pickup one day a week, use of the pools and clubhouses for $102 per month; however, security was eliminated and greeter positions were added, so they now have 3 people only during the day. Shirley Bateman, SW 134th Terrace, Dunnellon, advised that she does not live in Pine Run; however, her family owns 14 houses in the subdivision. She stated they see the need for the increase, but only if the money is targeted toward roads since the road fund Page 542, Book Y
is practically nonexistent. Several years ago the MSTU Advisory Board approved beautifying medians at a cost of approximately $150,000. Ms. Bateman stated an additional assessment will be needed to pay for future road improvements, noting a lot of retirees live in the subdivision. She inquired if the money from the increase can be put aside specifically for road improvements. Chairman Bryant stated this will be discussed with Mr. Hubbuck and asked if Ms. Bateman would rather address this now instead of when the need arises. Ms. Bateman concurred, stating it was for the roads as they do not want a repeat of what occurred before. Debbie Hoff, SW 102nd Place (Pine Run), expressed concern with the increase and people not being able to afford assessments. She commented on the level of income for most residents and addressed her concern with the county ending up with a lot of bank foreclosures and liens. Ms. Hoff stated the increase from $60 to $90 is high enough and questioned when the $120 will start. She noted the Resolution specifically states this is for road improvements, not maintenance of the common areas. Jason Buckwheat, SW 102nd Place (Pine Run), agreed with prior comments and commented on money that was wasted. He noted the roads are not bad, but if the assessment is increased then the money should be put in a fund for roads, not on beautifying medians. Nancy Remus, SW 91st Avenue, disagreed with comments and opined that the roads need to be improved. She stated reasons for buying into the community was because the prices were reasonable and the appearance was good. Ms. Remus opined that maintaining roads and entranceways attract newcomers. Chairman Bryant advised that public comment is now closed. Mr. Hubbuck presented 5 letters of opposition to the Deputy Clerk for the record. In response to Chairman Bryant, Mr. Hubbuck advised that the letters were sent out via email prior to this afternoons hearing. BOARD DISCUSSION Consideration to Adopt a Resolution Authorizing an Increase to the Per Parcel Assessment for Pine Run Estates Municipal Service Taxing Unit for Road Improvements Chairman Bryant inquired as to the following statement that was made, "you know that you are never going to cover the cost of being able to resurface the road with this $30". Mr. Hubbuck clarified that the $30 is to hopefully go toward future overlay of the roads within Pine Run. Chairman Bryant asked if the funds would be put in a separate fund specifically for resurfacing of the roads. Mr. Hubbuck stated they can do that, but the Resolution may have to be amended to ensure that is the case for the future. He advised that the current budget has enough money to cover all maintenance and the balance from last year is around $82,000. The proposed budget that was adopted last week is roughly $95,960, which means approximately $10,000 to $12,000 that was not spent out of last year's maintenance money will roll over. The $95,000 is allocated in the budget for overlay based on current budget numbers, without any increase. Chairman Bryant inquired as to how long it has taken to get to the $95,000. Mr. Hubbuck stated it has been since 2013, noting that is when the last change occurred. Chairman Bryant questioned exactly what is being done with the money today and how that money is being spent for Pine Run. Mr. Hubbuck stated the proposed budget includes $2,500 for professional services to cover engineering fees that may be needed should a catastrophe occur, such as a sinkhole; $18,000 for contractual services to cover mowing, Book Y, Page 543
tree trimming and general maintenance; $35,000 for repairs/maintenance, which is a catch-all for maintenance and is most likely what will get rolled over; $3,871 for cost allocation; $200 for operating supplies; and the balance is in the road improvements. This upcoming year, Roads, Improvements & Bridges, is included and is the overlay/reclaiming in the amount of $95,961 for the future budget; and the current budget is $81,945. Commissioner Stone inquired if the $95,000 is for future projects already set aside. Mr. Hubbuck advised that it is a dollar amount set aside for future overlay, as there is no specific road mile segment at this point. He stated they do monitor the conditions of the roads. Chairman Bryant inquired as to how much the assessment brings in each year. Mr. Hubbuck stated the annual assessment generates $50,940. Commissioner Zalak commented on the $18,000 for contractual services and questioned what those contracts cover. Mr. Hubbuck advised that the $18,000 is the existing contractors prices, which cover mowing, tree trimming and landscaping. Chairman Bryant questioned the landscaping. Mr. Hubbuck stated it could be pulling weeds, replacing plants, noting the entranceway is the main focal point based on direction of the Advisory Board. In response to Commissioner Zalak, Mr. Hubbuck stated the contract was $18,000 last year and will remain the same next year. Chairman Bryant inquired as to contractual services before last year. Mr. Hubbuck stated the actual budget for 2017 was $13,647. He advised that he does not have the figures for 2016, but opined it would be comparable to 2017. Chairman Bryant inquired as to when beautification of the median first occurred. Mr. Hubbuck opined that medians were included in the Ordinance that was adopted in 2009 or 2011. Chairman Bryant advised that the problem she is seeing is that almost $60,000 is budgeted for the coming year, but only $50,940 is being collected. She questioned whether they would be better off to not have the $35,000 budgeted for repairs/maintenance and have those dollars go into Reserves knowing that if there is a catastrophic occurrence, such as a sinkhole opening in a road, then monies from Reserves can be used to cover the cost of repairs, which will avoid exceeding the budget. Commissioner Zalak noted that patching the road also comes out of this money. Mr. Hubbuck concurred. Chairman Bryant inquired as to how much was actually spent from that account last year. Mr. Hubbuck advised that $13,800 out of the $35,000 was spent last year. He noted sinkholes occurred a few years ago, but none this past year. Chairman Bryant reiterated her point is that right now they are spending more than is being brought in. County Administrator Mounir Bouyounes advised that some of the fund balance is being spent. In response to Mr. Bouyounes, Chairman Bryant expressed her preference to have those funds in Reserves. Commissioner Stone agreed. Chairman Bryant noted they are raising an assessment to cover an expense that they will not be able to cover, so all that will do is put money away for a future repair when homeowners could be allowed to hold onto their money until improvements have to be made. Mr. Hubbuck stated this would be similar to Silver Springs Shores or Marion Oaks where they are collecting money for future maintenance. He noted the option of having an assessment later. Commissioner Zalak interjected that another assessment is not needed, noting this is the assessment process. The Ordinance spelled out the fact that this is for the roads; therefore, there is no reason to pass another Ordinance for a MSTU Page 544, Book Y
or MSBU on top of this; they would just change the special assessment. He stated his point is that it will take 36.8 years if all $51,000 being taken in is used for the $8,000,000 overlay of all roads in Pine Run. It would take 62 years to reclaim the road using all of the money collected. Commissioner Zalak opined that the assessment is wrong and should be upped more like what it is in Silver Springs Shores so that a percentage every single year is repaving a portion of the road system. Mr. Hubbuck concurred. In response to Chairman Bryant, Commissioner Zalak stated the assessment can be raised to $120 and the additional money can be set aside in a roads fund; allowing that money to be spent every year or two to fix a mile of road. He stated that is what needs to happen in order to be viable; otherwise, you are going to go from $60 or $90 one day and move it to a $1,000 assessment in future years which is not going to be palatable for homeowners. Instead of paying a couple of hundred dollars a year homeowners will be forced to pay $500 to $1,000 assessment over the course of 10 years it would take to Bond the project. General discussion ensued. Mr. Minter clarified that if the proposed assessment is adopted, the $30 increase is per year, not per month. Commissioner Stone inquired as to the condition of the roads and whether there is a priority that needs to be addressed. Mr. Hubbuck advised that undoubtedly the pavements are worn, there are currently not a lot of potholes, but there is quite a bit of cracking occurring. Depending on what happens over the year and the weather conditions they could possibly get 10 more years of life from the roads since it is an enclosed subdivision that does not have through traffic. Commissioner Zalak opined that if the assessment was upped to the appropriate amount now, then there would be enough money to at least improve the main road. Chairman Bryant passed the gavel to Commissioner Stone, who assumed the Chair. Commissioner Bryant out at 2:33 p.m. Commissioner Zalak opined that this needs to be sent back and have the Advisory Board and staff sit back down to redo a financial analysis to be put in place and make whatever corrections are needed to the Ordinance. He commented on the need to have a plan to get to rebuilding the road, at least the main road, within 10 years or less. Increasing the assessment to $120 and all extra monies collected are put aside, it will still take 36 years to pay for an overlay. Mr. Bouyounes stated this hearing can be continued if the Board wants to develop a Plan as to how the improvements can be done over a reasonable timeframe. Commissioner Zalak stated this cannot be solved today, noting there is enough time to get together to make sure there is enough funding for the improvements. Chairman Stone concurred, noting the roadway will continue to maintain the value of the homes. She stated she is in favor of getting a better Plan in place that will address the overall need. Commissioner Bryant returned at 2:35 p.m. Chairman Stone returned the gavel to Commissioner Bryant, who resumed the Chair. A motion was made by Commissioner Zalak, seconded by Commissioner Stone, to continue today's public hearing, which will be re-advertised with a date specific once the MSTU Department is ready to bring it back for another public hearing. The motion was unanimously approved by the Board (3-0). CLOSING COMMENTS There being no further business to come before the Board, the meeting thereupon Book Y, Page 545
recessed at 2:36 p.m. to a date and time to be determined, and re-advertised in the future. athy Bry Chairman Attest: David R. Ellsper nn, Clerk Page 546, Book Y