Official Minutes of MARION COUNTY BOARD OF COUNTY COMMISSIONERS December 20, 2017 CALL TO ORDER: The Marion County Board of County Commissioners met in a special session in Commission Chambers at 2:02 p.m. on Wednesday, December 20, 2017 at the Marion County Governmental Complex located in Ocala, Florida. INTRODUCTION BY CHAIRMAN KATHY BRYANT Chair Stone advised that the public hearing is scheduled this afternoon regarding the Shady Hills Estates SW 33rd Terrace Subdivision Improvement Area. 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: Vice-Chair Michelle Stone, District 5; Commissioner David Moore, District 1; Commissioner Jeff Gold, District 3; and Commissioner Carl Zalak, District 4. Chairman Kathy Bryant, District 2, arrived after the meeting commenced. Also present were County Attorney Matthew G. Minter and County Administrator Mounir Bouyounes. PROOF OF PUBLICATION Deputy Clerk Windberg presented Proof of Publication of a display ad entitled, "Notice of Hearing to Impose and Provide for Collection of Special Assessments Shady Hills Estates SW 33rd Terrace Subdivision Improvement Area" published in the Star Banner newspaper on November 22, 2017. The Notice states the Board will consider creation of the Shady Hills Estates SW 33rd Terrace Improvement Area and imposition of special assessments for the construction of road improvements. STAFF PRESENTATION Shawn A. Hubbuck, MSTU/Assessment Director Municipal Service Taxing Unit (MSTU)/Assessment Director Shawn Hubbuck presented a 1 page Agenda; and a medium sized binder entitled, "Shady Hills Estates SW 33rd Terrace". He referred to the binder and read page 1, which details the project, into the record. Shady Hills Estates is a private road subdivision in Plat Book UNR (unrecorded), Page 265 and located in District #2. The proposed assessment consists of approximately.23 miles of road in length for SW 33rd Terrace from SW 87th Place to SW 90th Street. SW 33rd Terrace is currently an unpaved roadway not maintained by the county and unfortunately does not meet all of the standards for future maintenance and will continue to be privately maintained after construction. The initial meeting was held with citizens living in Shady Hills Estates on August 31, 2015 with former MSTU Director Teresa Darnell. Additionally, other meetings were held on site with the residences in August, 2016 to discuss the project area. The petitioners decided to proceed with just improving SW 33rd Terrace due to the lack of interest by neighbors in the remainder of the subdivision. Book X, Page 517
Petitions were sent via certified mail to the impacted citizens on September 30, 2016 by MSTU staff with a final petition opening date on December 20, 2016. If the project is approved, Art Walker Construction, Inc. will commence work as soon as all the necessary documents are provided to Procurement and a Notice to Proceed is issued. The scope of the project includes but is not limited to surveying as needed, typical section drawings, assessment plat, mobilization of equipment, roadway tack or prime coat, 1-1/4 inch Type SP (superpave) 9.5 asphaltic concrete wearing surface, swales for drainage/water runoff, thermoplastic 24 inch wide stop bars, maintenance of traffic, and silt fencing. The recommended action is to accept the proposed road improvement project and adopt the resolution authorizing a per parcel assessment against real property within the Shady Hills Estates - SW 33rd Terrace Improvement Area and certify the assessment roll to the Tax Collector. Out of a total of 23 property owners, 15 responded, with 9 in favor (60 percent (%)), and 6 in opposition. The original assessment estimate by staff was between $7,500 to $8,500 per parcel and the assessment cost by bid came in at $8,483.53 per parcel. The total assessment cost is $186,673.71. Mr. Hubbuck shared several slides on the overhead screens of the road conditions of the project area. He stated the road is not centered within the rights-of-way (ROW) and commented on the overgrowth of trees along the existing roadway. Mr. Hubbuck commented on elevation and drainage issues along the road that will also have to be addressed utilizing swales and ditch blocks. In response to Chair Stone, Mr. Hubbuck stated the northerly end of the road will exit onto a dirt road, noting the project includes radius returns. He stated assessing the project per parcel is the most cost effective and advised that Chris Traber with Nabors, Giblin & Nickerson (NGN), bond counsel, concurred. The recommended action is to accept the proposed road improvement project and adopt a Resolution authorizing a per parcel unit assessment within the Shady Hills Estates SW 33rd Terrace Improvement Area and certify the assessment roll to the Tax Collector. In response to Commissioner Gold, Mr. Hubbuck stated page 16 of the binder provides a list of property owners who did not vote or return the petition, but noted staff did not include a list of those who voted in favor or against the project. Commissioner Zalak suggested when property owners come up to make public comment that they advise whether they voted for or against the project. Mr. Minter clarified for the record that even if the project moves forward the road will not be maintained by the county upon completion. Mr. Hubbuck concurred and stated even after the project is completed the road will not meet the standards to be accepted by the county for future maintenance. Commissioner Zalak advised that the Board can make the decision to accept maintenance. Mr. Minter stated the issue is that this is not a public road and the Board cannot expend county funds maintaining non-public roads. General discussion ensued. Mr. Bouyounes noted once the county starts maintaining a road it cannot stop. PUBLIC COMMENT Chair Stone opened the floor for public comment. John Grieves, SW 90th Street, advised that he lives on the corner of SW 90th Street and SW 33rd Terrace. He stated his 9-1-1 address is SW 90th Street, which is a paved road; Page 518, Book X
therefore, he should not be responsible for paying the assessment. Mr. Grieves noted he voted against the assessment. Mr. Hubbuck stated there are several parcels located on corners, noting Mr. Grieves has a double gate on the side street (SW 33rd Terrace), which provides him access to the road; therefore, the parcel was included in the assessment. Mr. Grieves stated he is willing to move the double gate to the front of the property, which will close off access to the side road. Debra Staskiewicz, SW 33rd Terrace, advised that she voted in favor of the project and gave an overview of the deplorable road conditions in front of her home. She stated she had to put a berm in front of her driveway due to the large hole in the road that retains water whenever it rains. County Administrator Mounir Bouyounes suggested the Board have the project engineer address Ms. Staskiewicz's issues regarding water retention on the road. He expressed concern that this type of project will not totally resolve the drainage issues Ms. Staskiewicz described. Commissioner Bryant arrived at 2:22 p.m. Chair Stone passed the gavel to Commissioner Bryant who assumed the Chair. Denise Page, SW 33rd Terrace, stated she voted in favor of the project and advised that she also has issues with large holes in the road in front of her house, noting people are driving onto her lawn to avoid them. Joe C. Brown, SE 95th Street, voiced his opposition to the project. In response to Mr. Brown, Mr. Hubbuck stated the assessment is per tax parcel, not per lot. Mr. Brown advised that he has several parcels that touch both roads and questioned if he would have to pay the assessment if the project is approved. Chairman Bryant stated if the parcels have access to both roads they will likely be assessed. General discussion ensued. Mr. Minter clarified that special assessments are based on benefits received, noting if it turns out that a parcel stretches from one road to another and has access to both roads it is possible that the property owner is liable for both assessments if or when the other road is paved. He commented on corner lots that have only one driveway onto one street, noting in that case the property owner would not be assessed twice. Mr. Brown commented on parcels that are currently vacant and it is unclear where the driveways will be placed on the property when it is developed. He advised that the assessments are added to the property owners tax bill and expressed concern for those that cannot afford the assessment, noting if they fail to pay then a Tax Lien Certificate will be issued on their property and they could lose their home. Mr. Brown addressed vacant properties along the proposed project, noting in some cases the assessment supersedes the value of the land. Michael Page, SW 33rd Terrace, stated he voted in favor of the project and commented on the need for the road improvements. In response to Commissioner Zalak, Mr. Page advised that he understands that residents will be responsible for future maintenance of the road. Commissioner Zalak advised of road projects the county has done in the past wherein, limerock is laid rather than constructing a fully paved road. Mr. Page noted his preference for a paved road. Chairman Bryant advised that public comment is now closed. BOARD DISCUSSION Consideration to Adopt a Resolution Authorizing Per Parcel Assessment for Shady Book X, Page 519
Hills Estates SW 33rd Terrace Road Improvement Area and Certify the Assessment Roll to the Tax Collector Consideration to Award Project #18B-00 Shady Hills Estates SW 33rd Terrace Road Improvement Area to Art Walker Construction, Inc. Lowest Responsive Bid of $129,330.00 and Authorize Chairman and Clerk to Execute Contract Upon Approval by Legal Davis Dinkins, Davis Dinkins Engineering, PA, SE 30th Avenue, advised that he is the engineer for this project and would like to provide information as to how the project will address some of the issues regarding stormwater retention. Many of the roads within this subdivision have very narrow 40 foot ROWs, which allows for an 18 foot pavement section with a 2 foot shoulder. This limits the amount of ditch that can be put next to the road. In order to have maintainable side slopes it limits the ditch size to 1 foot or less, which is not a tremendous amount of stormwater capacity. He commented on using driveways as ditch blocks to help the stormwater buildup and then pour over the driveways and flow up and down the roadway. Mr. Dinkins advised that in regard to issues addressed by Mrs. Staskiewicz, the county has designated most of her lot to be encumbered by a flood zone and this project is not intended to address that quantity issue. The erosion Mrs. Staskiewicz spoke of should be solved by paving of the road and stabilization of ditches. In response to Commissioner Zalak, Mr. Dinkins stated staff has discussed the possibility of utilizing a single slope; however, the decision was to keep it a standard typical section due the narrow width of the road. Chairman Bryant opined that the road is not heavily traversed, except by property owners and questioned whether it can be designed as a 1 lane road; wherein, 1 vehicle will pull over and wait for the other vehicle to pass. She noted this will allow for cost savings, as well as more roadway to be used for drainage. Mr. Bouyounes stated although it can be engineered as a 1 lane roadway, it is not recommended. General discussion ensued. Mr. Bouyounes advised that staff can review design options to evaluate costs, as well as long term maintenance and bring the information back for Board consideration. Mr. Dinkins opined that due to only having a 40 foot ROW, you either have to purchase land or reduce the width of the road. Mr. Hubbuck stated the county has put in 1 lane road projects before; however, it does not resolve existing stormwater issues. General discussion resumed. Mr. Hubbuck advised that the project may have to be rebid, noting he will ask the contractor to work with staff. In response to Commissioner Stone, Mr. Bouyounes clarified that if Mr. Grieves moves his gate and blocks the driveway that exists on the proposed roadway project, then he can be eliminated from paying the assessment. Mr. Hubbuck noted if you remove someone from paying into the assessment, it will increase the cost for others. In response to Commissioner Gold, Mr. Bouyounes clarified that the assessment amount proposed to property owners during this process is only an estimate of the project cost and the county can legally go over that amount. Chairman Bryant suggested the public hearing be continued to allow staff time to gather information as previously discussed. It was the general consensus of the Board to concur. A motion was made by Commissioner Moore, seconded by Commissioner Gold, to continue the hearing until Tuesday, February 6, 2018 at 10:00 a.m. The motion was Page 520, Book X
unanimously approved by the Board (5-0). CLOSING COMMENTS There being no further business to come before the Board, the meeting thereupon adjourned at 3:03 p.m. Attest: thy Brydt, Chairman David R. Ellsper ann, Clerk Book X, Page 521
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