HomeMy WebLinkAbout23-029 RESOLUTION NO. 2023-29
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION
OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT
IMPROVEMENTS; ESTABLISHING THE CULVERT 2023-03 MUNICIPAL
SERVICE BENEFIT UNIT; DETERMINING THAT THE REAL PROPERTY
COMPRISING SUCH MUNICIPAL SERVICE BENEFIT UNIT WILL BE
SPECIALLY BENEFITED BY THE CULVERT IMPROVEMENTS;
DESCRIBING THE METHOD OF ASSESSING THE COSTS OF THE
IMPROVEMENTS AGAINST THE REAL PROPERTY THAT WILL BE
SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND
CONDITIONS OF THE ASSESSMENTS; APPROVING THE ASSESSMENT
ROLL; IMPOSING ASSESSMENTS UPON ALL PARCELS DESCRIBED IN
THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY
AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of
County Commissioners(the'Board") is adopted pursuant to the provisions of Chapter 40,Article
VIII of the County Code of Ordinances, as amended (the "Assessment Ordinance"), sections
125.01 and 197.3632, Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. This Resolution is the Assessment Resolution for the
Culvert 2023-03 MSBU. All capitalized words and terms not otherwise defined herein shall have
the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following
terms shall have the following meanings,unless the context hereof otherwise requires.
"Assessed Parcel" or "Parcel" means a parcel of real property subject to the Culvert
Assessments imposed hereunder,identified by the distinct ad valorem property tax identification
number assigned by the Property Appraiser. MIC18ELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY e;
FILE# 5172575 031291202310:32.56 AM
1 2 PAGE" -1187 Doc
OR BOOK 4968 RECORDING' $ Typ RESO
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"Collection Costs" means costs incurred by the County in the annual collection and
administration of the Assessments, including but not limited to fees imposed by the Property
Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the
early payment of property taxes and non -ad valorem assessments.
"County" means St. Lucie County, Florida.
"Culvert 2023-03 Municipal Service Benefit Unit" or "Culvert 2023-03 MSBU" means the
Culvert 2023-03 Municipal Service Benefit Unit as described in Section 6 and Appendix C hereof.
The Culvert 2023-03 MSBU shall constitute an Assessment Area within the meaning of the
Assessment Ordinance.
SECTION 3. INTERPRETATION. Unless the context indicates otherwise, words
importing the singular number include the plural number, and vice versa; the terms "hereof,"
"hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term
"hereafter" means after, and the term "heretofore" means before, the effective date of this
Resolution. Words of any gender include the correlative words of the other gender, unless the
sense indicates otherwise.
SECTION 4. FINDINGS. It is hereby ascertained, determined and declared that:
(A) Culverts direct and channel the flow of stormwater under driveways, roads,
sidewalks and other obstructions and are an integral component of proper stormwater
management by preventing hazardous flood conditions on public rights of way and thereby
ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events.
(B) Culverts may fail over time due to maintenance, environmental or installation
issues, failures related to capacity and volume causing the erosion of the soil around or under
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them, and structural or material failures that cause culverts to fail due to collapse or corrosion of
the materials from which they are made.
(C) Culvert failure can lead to localized flooding which may impede safe conditions
of ingress and egress for owners and residents of property in the affected area, the traveling
public, visitors, emergency responders and other public service providers.
(D) In many instances, culverts are constructed or located to serve as access to private
property such that the culvert is owned by, and the maintenance, improvement and repair of the
culvert is the responsibility of, private property owners.
(E) Such owners may recognize the potentially dangerous conditions caused by
culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs.
(F) In light of the paramount public purpose served by proper management of
stormwater and the prevention of hazardous flood conditions on public rights of way, the Board
adopted the Assessment Ordinance to establish a program pursuant to which eligible Property
Owners can apply for and receive funding to improve or repair culverts and then repay such
funding through the imposition of a non -ad valorem special assessment against the improved
property, collected in annual installments pursuant to the Uniform Assessment Collection Act.
(G) The County is authorized by Article VIII, Section 1 of the State Constitution and
Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of
charges in the form of non -ad valorem special assessments.
(H) Participation in the culvert improvement program established by the Assessment
Ordinance is voluntary, with the Culvert Assessments imposed solely upon the request of and at
3
the option of eligible Property Owners who have entered into a Financing Agreement with the
County.
(I) The special benefits conveyed to Assessed Parcels by the Culvert Improvements
include, but are not limited to, increased use, enjoyment and marketability, and remediating
potentially hazardous conditions for ingress and egress to the property by Property Owners,
emergency response personnel, public service providers and others, resulting from failure of
existing culvert facilities and development of the property from its natural state. Assessed Parcels
are further benefitted by the Property Owner's ability to finance the acquisition and installation
of Culvert Improvements over time through the imposition of Culvert Assessments.
(J) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the
Culvert 2023-03 MSBU is based upon the actual cost of the Culvert Improvements proposed for
the respective Parcels, together with an amount not to exceed 5% of the Culvert Assessment to
cover overhead expenses including but not limited to recording fees, credit reports and title
searches. The total amount of the Culvert Assessment is set forth in the Financing Agreement for
each Parcel and agreed upon by the Property Owner(s).
(K) Such method of calculating the Culvert Assessment for Assessed Parcels is
therefore a fair and reasonable method for apportioning the costs of the Culvert Improvements
and the special benefit conveyed thereby among Assessed Parcels which bears a reasonable
relationship to the cost of providing the improvements.
(L) The County has received a Financing Agreement signed by the Property Owner(s)
for each Parcel comprising the Culvert 2023-03 MSBU.
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(M) The Board hereby finds and determines that the Culvert Assessments to be
imposed in accordance with this Resolution provide a proper and equitable method of funding
the Culvert Improvements by fairly and reasonably apportioning the costs and benefits thereof
among Assessed Parcels.
(N) As required by the terms of the Assessment Ordinance, notice of a public hearing
has been published and mailed to each affected Property Owner notifying such Property Owner
of the opportunity to be heard. The proof of publication and an affidavit of mailing are attached
hereto as Appendices A and B respectively.
(0) Such public hearing was duly held on March 21, 2023 and comments and
objections of all interested persons have been heard and considered as required by law.
(P) The Assessments contemplated hereunder will be imposed by the Board, not the
Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector
under the provisions of this Resolution shall be construed solely as ministerial.
(Q) The special benefits derived by Assessed Parcels from the Culvert Improvements,
exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any
Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive
compared to any other Parcel.
(R) The Board hereby finds and determines that the Assessments to be imposed in
accordance with this Resolution provide an equitable method of funding the Culvert
Improvements by fairly and reasonably allocating the costs associated therewith among specially
benefited property.
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SECTION 5. RATIFICATION AND CONFIRMATION OF PRIOR ACTIONS.
Any and all prior actions of the Board, the Assessment Coordinator and County staff associated
with creation of the Culvert 2023-03 MSBU and the imposition of Assessments therein to fund the
Culvert Improvements, including but not limited to the provision of mailed and published
notices, are hereby approved, ratified and confirmed in their entirety.
SECTION 6. ESTABLISHMENT OF CULVERT 2023-03 MSBU. The Culvert
2023-03 MSBU, the description of which is set forth in Appendix C hereto, is hereby established.
SECTION 7. ASSESSMENTS.
(A) Culvert Assessments are hereby imposed against the Assessed Parcel(s) included
on the Assessment Roll for the Culvert 2023-03 MSBU.
(B) The total amount of the Culvert Assessment and the maximum annual installment
of the Culvert Assessment for each Parcel, including annual interest at the rate of 2.5% and
Collection Costs, are included in Appendix C and the Financing Agreement for each Parcel.
(C) The Culvert Assessment shall constitute a lien against Assessed Parcels equal in
rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad
valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity
to all other liens, titles and claims, until paid.
SECTION 8. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll,
which is on file in the office of the Assessment Coordinator and incorporated herein by reference,
is hereby approved. A copy of the Assessment Roll shall be retained by the Assessment
Coordinator and shall be available for public inspection. The foregoing shall not be construed to
require that the Assessment Roll be in printed form if the amount of the Assessment for each
2
Parcel can be determined by use of a computer terminal or internet access available to the public.
SECTION 9. COLLECTION OF ASSESSMENTS.
(A) The owner(s) of Assessed Parcels may prepay the Culvert Assessment in full at
any time by paying the principal amount owing on the Culvert Assessment, and accrued interest
through the prepayment date, less a credit for the principal and interest component of any annual
installment not yet paid but certified for collection pursuant to the Uniform Assessment
Collection Act. Parcels for which the Assessment has been paid in full shall be removed from the
Assessment Roll prior to its certification to the Tax Collector.
(B) Assessments which are not prepaid shall be collected in not more than ten (10)
annual installments pursuant to the Assessment Ordinance and Uniform Assessment Collection
Act, commencing with the property tax bill mailed in November 2023. The Assessment
Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the
Tax Collector by September 15, 2023 in the manner prescribed by the Uniform Assessment
Collection Act.
(C) The principal balance of the Assessment shall not be accelerated upon sale or
conveyance of Assessed Parcels but may be paid in full at any time at the option of the owner
thereof.
SECTION 10. EFFECT OF RESOLUTION. The adoption of this Annual
Assessment Resolution shall be the final adjudication of the issues presented herein including,
but not limited to, the method by which the Assessments are computed and apportioned, the
Assessment Roll, and the rate of Assessment unless proper steps are initiated in a court of
competent jurisdiction to secure relief within twenty (20) days from the date of the Board's
7
adoption of this Resolution.
SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as follows:
Cathy Townsend, Chair Aye
Linda Bartz, Vice Chair Aye
Chris Dzadovsky, Commissioner Aye
Jamie Fowler, Commissioner Aye
Larry Leet, Commissioner Aye
PASSED AND DULY ADOPTED this 21st day of March 2023.
ATTEST:
Deputy Clerk Z. I
tie
rY, FLO��OP
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
APPENDIX A
PROOF OF PUBLICATION
A-1
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF STORMWATER CULVERT SPECIAL ASSESSMENTS
` St. LucbCounty
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Notice is hereby given that the Board of County
Commissioners of St. Lucie County, Florida (the 'Board") will
conduct a public hearing to consider any comments on creation
of the Culvert 2023-03 MSBU depicted above and the imposition
of special assessment therein to fund stormwater culvert
improvements (the "Culvert Assessments"), and to authorize the
collection of Culvert Assessments in not more than ten (10) annual
installments on the property tax bill mailed by the St. Lucie County
Tax Collector each November, commencing in November 2023.
Participation in the culvert improvement program is voluntary,
and the Culvert Assessments are imposed only upon the request
of eligible property owners who have entered into financing
agreements with the County.
The hearing will be held in the County Commission
Chambers at 9:00 a.m. on March 21, 2023, or as soon thereafter
as the matter may be heard in the St. Lucie County Commission
Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, for the
purpose of receiving public comment on the creation of the Culvert
2023-03 MSBU and the imposition of Culvert Assessments therein.
All affected property owners have a right to appear at the hearing
and to file written objections with the Board within 20 days of
this notice. If a person decides to appeal any decision made by
the Board with respect to any matter considered at the hearing,
such person will need a record of the proceedings and may need
to ensure that a verbatim record is made, including the testimony
and evidence upon which the appeal is to be made. In accordance
with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding
should contact the Safety and Risk Manager at (772) 462-1546 or
TOO (772) 462-1428, at least seven days prior to the date of the
hearing.
Copies of the County ordinance establishing the Culvert
Assessment program (Ordinance No. 21-004), together with any
related resolutions and the assessment roll showing the amount
of the Culvert Assessments to be imposed against each parcel
of property are available for inspection at the office of the County
MSBU Coordinator located on the Second Floor of the Administration
Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
If you have any questions, please contact the County
MSBU Coordinator at (772) 462-2568, Monday through Friday
between 8:00 a.m. and 5:00 p.m.
COASTNEvISPAPERS +.
BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC HEARING ON THE
PROPOSED AMENDMENT OF THE LAND
DEVELOPMENT CODE
March 7, 2023
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Not. a hereby Oem pal the Bobo or C-1),
Cammssibint of St Lase Couny, Flatfoot line •eosin') cop
adduct a pm4e warn; to consider Any eummmu an "U"
a tM~ C2023 03 MSOU depoud nbe. and the Inpceibon
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imprmemrats Ina "Coved Auosamnt7..4 b auncnae 0.
eaktUon il Drawn Assessment in not more than tin (10) andRl
lea W latent re it.Rdairy us ad mooed M the St. LOe Cauchy
Tao Cafeam each November, c,xnmCl,dly a November 2023
m6padan In [he raw Impra mall program is .1urta y.
and rile Citizens Assamnts are hnpnsed any up. the rm—t
of
clothe property othrers ale hsve entered Iran lie —rat
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CTemben at 900 a an an With 21, 2023. or a n (hereafter
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Maroon, 2300 Virginia Avalrue, Fan Place, Fauns, for the
plap.e of raonng pudic commons m the creation a Urn Culvert
2023-03 MSSU and ne Impot of Cwtan Assessment, tllalin.
Nlany ot affected nroowners Moe a right a senior a Ua hearing
and to fit. wllten ablecbom wU, ne Bond within 20 days a
Ilia mace If Pat— dcudes he appeal Any derision made by
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the Treasure Coast.
Strawberries 'its a great investment if you In pull it off.' Lee
said, "and it's great for the community."
co„li,d I,.", 1. uc. IA I.n uric K. Aland(ord is TCPAhu's entewtainmenI re
porter and columnist dechesso f In finding lire hecf
2017-18 season because there was vacant land that lhhng1mcf nfhe Treasure Coast FolloruheronTurif-
wasri t being used, The lintel, Is lined with 60 rows of ter VTCP.IrTLourio, and Fncebook tDrcia.I.Loune.
red foil, but -isnt very large compared to others in the Email her at laurieblmtd(adi t<lahn.mnr. Sign up
state. far her What Tu IM In 772 weekly nilcdetler at pm-
Heconsidered plantingpineapple ortomolcesuntil file.fq}ahn.mrn/nemsleRers; rnanoge.
he realized there weren't any strawberry patches on
`Cronkite'
Continued from Page IA
the beginning. Margaret Byers, portrayed by Angela
Anderson Knittel, Ise prim and proper woman, appar-
ently from somewhere in the Northeast, who s waiting
at the airport bar for her son, then a Right to Russia -
Along comes Paltl .lenkins, a laud and brassy Ten.
smears. pnrtmyed by Rosnnsnry ltnight, whoa waiting
on a Right to London.
ByelslnvilaeJonkinstositetherinbleinlhacrowd-
ed bar, more out of politeness than any acid desire to
get to know the stranger who just cant seem to keep
her mouth shut.
'This is what 1 do; Jenkins says. "I annoy people'
Byers trios to at some boundaries — "i dons do
chitchat," she warns — but chitchat nevertheless m-
erit.
As the two women arc introducing themselves to
each other and the audience, Byers speaks the play's
title while reminiscing about the good old days gone
by.
No lurthercxplanation is needed forpeopleofa cer-
tain age. Walter Crnnkite was the quirtmosentlal tele-
vision newscaster of his time, respected by people of
all political stripes. When Carnotite ended his broad-
casts with his catchphrsse, "Ihnl'a the troy it is; neo-
ple believed him.
"Fake nerve' hodnl yet enleredour national lexicon.
As Byers and Jenkins talk, tvc learn the superficial
first impressions they project don't aeceisanly hold
true. For example, although Byers initially seems well
adjusted and well traveled, it turns out she's never rid-
den on an airplane before, primarily beeanae she's
scared to death or Rying.
Jenkins may be a motormouth, but she's also ob-
servnnl sad insightful. (As n native T'unn.mism, I ap-
preclate it when frclidaus characters who sound like
me are portrayed as being of least a little smarter than
they're expected to be.)
The duo's political differences surface after Byers
confesses her fondness, bordering on obsession, with
the Kennedy political family. Jenkins starts painting
out the Rows or various Kennedy family members and
BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC HEARINGS ON THE
PROPOSED AMENDMENT OF THE FUTURE LAND
USE MAP AND OFFICIAL ZONING ATLAS
March 7, 2023
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the conversation starts unraveling faster than a cable
TV talk show.
Jenkins accuses liberals of living on urban islands,
isolated from the bailers and values of the people liv-
ing in the hinterlands all around them. She explains
how she and her son loured the country after the son
enlisted in file military so togdher, they would see
what he would be fighting I. protect.
'Don t act like you've got it all figured out because
you don't," Jenkins admonishes Byers.
The encounter might have ended with the me
storming to opposite corners *film bar in At half, but
instead they bond over. shared Nnsilladty with the
'Looney Tunes'Oleme song. Whichisopointedbitor
commentary about out society in Itself.
Byers share, a story about a popular priest at her
church who drew people of different faiths to his ser-
vices, even after he lost the church s official sanction
and had to move his gatherings covertly from house to
house.
"1 had real falth in something more than myself
Byers said of the experlenca.
Although Jenkins isn t as drinker, Byers persuades
her to have a glass of wine. It doesn't take a lot of
imagination 1. guess where that leads.
The women start in recognize and appreciate the
good in each other. They share personal tragedies, as
well as some of their holds and dreams.
The weedier finally clears and the women prepare
to go theb separate ways. I worst ruin the ending, In
case some readers want to cheek out one of this week-
end's performances.
There are shows scheduled Friday and Saturday
nights, starting at 8 p.m., as well as Saturday and Sun-
day matinees, starting at 2 p.m. Tickets arc S25 per
persm,.
I would point out the play Is set In 2010, back when
Donald. Trump w'as just a tycoon and reality TV star.
Could a conversation like the one Byers and Jenkins
take place in our highly polarized world?
1'd sate like to think sir. After all, weather delays at
airports are pretty common. And we cant always pick
the people who well be sitting next to.
Tills column mil er.1 the opinion s(Bfnke Fadenay.
Confact Idaula emO1f of blake.fou tenoy@f111011 sir
ar at 772-232-5424.
ST. LUCIE COUNTY
BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC HEARING ON THE
PROPOSED AMENDMENT OF THE ST. LUCIE
COUNTY OFFICIAL ZONING ATLAS
March 7, 2023
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APPENDIX B
AFFIDAVIT OF MAILING
BEFORE ME, personally appeared the undersigned affiant, who after being duly sworn
depose and say:
(1) I am MSBU Project Manager for the Engineering Division of St. Lucie County,
Florida.
(2) On or before February 28, 2023, I facilitated and directed mailed notice of a public
hearing to be held on March 21, 2023, by the St. Lucie County Board of County Commissioners
for purposes of receiving public comment on the creation of the Culvert 2023-03 MSBU and the
imposition of Culvert Assessments therein from the public and affected Property Owners and
consider adoption of an Annual Assessment Resolution approving the Assessment Roll and
directing certification and delivery thereof to the Tax Collector. The notices were mailed in
accordance with Section 40-268 of the County Code of Ordinances, as amended, to each owner of
real property located within the proposed Culvert 2023-03 MSBU subject to the assessments at
the addresses shown on the real property tax roll database maintained by the St. Lucie County
Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
FURTHER AFFIANT SAYETH NAUGHT.
�'AIJJ
Barbara Guettler, affiant
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing Affidavit of Mailing was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this o'>0 day of M df' C -V) 2023, by Barbara Guettler.
She is personally known to me or has produced as identification and did take
an oath.
(SEAL)
Printed/Typed Name:
Notary Public -State of
Commission Expires:
APPENDIX C
DESCRIPTION OF
CULVERT 2023-03 MUNICIPAL SERVICE BENEFIT UNIT
AND ASSESSMENT AMOUNTS
The following table describes the Parcels comprising the Culvert 2023-03 Municipal Service
Benefit Unit, together with the total amount of the Culvert Assessment and the annual installment
for each Parcel.
Parcel Identification Number
Total Culvert Assessment
I Annual Installment
3402- 609-0170-000-4
$8, 218.09
$93 8.99
3402- 609-0174-000- 2
$9, 219.09
$93 9. 99
3402- 609-0251-000- 6
$9, 711.17
$995.3 3
3402-609-0696-000-7
$10,248.50
$1,245.72
1301-602-0042-000-1
$7,944.15
$907.69
3402-609-0678-000-5
$5,478.72
$625.99
C-1