HomeMy WebLinkAboutSeminole County Interlocal Agreement for Lake Management of Little Lake Howell/Tuaskawilla Lake 2021 01 26 INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
LAKE MANAGEMENT OF LITTLE LAKE HOWELL/TUSKAWILLA LAKE
THIS INTERLOCAL AGREEMENT is made and entered into this 1`" day of
2CR I and between SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is Seminole County Services Building, 1101 East First Street,
Sanford, Florida, 32771, hereinafter referred to as "COUNTY", and the CITY OF WINTER
SPRINGS, a municipal corporation, whose address is 1126 East State Road 434, Winter Springs,
Florida 32708, hereinafter referred to as"CITY".
WITNESSETH:
WHEREAS,pursuant to Chapter 163,Florida Statutes, local governments are encouraged
to cooperate on the basis of mutual advantage t®:,-prAovi e services that will influence the needs of
local communities; and
WHEREAS,the parties are concerned and interested in the timely and adequate provision
of aquatic vegetation management to Little Lake Howell located in the political boundaries of both
Seminole County and the City of Winter Springs; and
WHEREAS,Little Lake Howell has aquatic conditions, which yield an essential need for
inter-related lake management measures to secure optimal aquatic conditions in Little Lake
Howell; and
WHEREAS,the provision of lake management to Little Lake Howell will specially benefit
the lakefront properties on Little Lake Howell and the properties with right of use of a lakefront
property on Little Lake Howell; and
Interlocal Agreement between Seminole County and City of Winter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Pagel of 6
WHEREAS, COUNTY desires to establish a municipal service benefit unit (MSBU) to
fund lake management on Little Lake Howell, which will benefit such properties located in
Seminole County and the City of Winter Springs; and
WHEREAS, it has been determined by the parties that lake management can be
accomplished efficiently in the manner set forth in this Agreement; and
WHEREAS, entering this Agreement is in the best interests of the citizens of Seminole
County and the City of Winter Springs, as it will benefit the health, safety and welfare of said
citizens.
NOW THEREFORE, in consideration of mutual understandings and agreements set forth
herein, COUNTY and CITY agree as follows:
Section 1. Recitals. The recitals above are true and correct and form a material part of
this Agreement.
Section 2. Purpose. The purpose:.of j is Agreement is to establish the terms and
conditions for lake management on Little Lake Howell for the special benefit of properties located
in both COUNTY and CITY and fronting on Little Lake Howell and those properties with right of
use of a property fronting on Little Lake Howell.
Section 3. Term. This Agreement shall commence and become effective upon the date
of last execution of this Agreement by the parties. This Agreement shall automatically be renewed
thereafter for successive periods not to exceed one (1) year each, unless earlier terminated as
provided herein.
Section 4. Obligations of COUNTY.
(a) COUNTY shall be responsible for coordination and preparation of all plans,
specifications, and other professional services necessary to establish, inspect and maintain lake
management for Little Lake Howell.
Interlocal Agreement between Seminole County and City of Winter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Page 2 of 6
(b) COUNTY shall be responsible for establishing and governing an MSBU for lake
management on Little Lake Howell and for assessing property cost share allocations according to
an annual budgeted amount established by COUNTY.
Section 5. Obligations of CITY.
(a) CITY shall grant consent to COUNTY to include Little Lake Howell waterfront
properties and waterfront-associated properties located within the municipal boundary of the City
of Winter Springs in the assessment boundaries, as defined by COUNTY in Exhibit A, for the
Little Lake Howell MSBU.
(b) CITY shall consider an ordinance authorizing COUNTY to levy the Little Lake
Howell MSBU non-ad valorem assessments, as deemed appropriate through the Little Lake
Howell MSBU process, and to collect the non-ad valorem assessments according to the uniform
method beginning with Tax Year 2021. The
/ordi
nance shall be effective for the duration of this
;mi \Agreement and/or through the assessment co 11ent period associated with financed expenses
and expenses incurred or under contract prior to notification of request to terminate this
Agreement. Failure of CITY to pass said ordinance, or repeal of the ordinance once passed, shall
render this Agreement null and void.
Section 6. Termination. This Agreement may be terminated,in whole or in part,by either
party at any time, with or without cause, upon not less than ninety(90) days written notice
delivered to the other party. However, any obligation under this Agreement incurred prior to the
termination date shall survive the termination and be performed or paid, as the case may be.
Section 7. Indemnification. Neither party to this Agreement, its officers, employees and
agents shall be deemed to assume any liability for the acts, omissions and negligence of the other
party, its officers, employees and agents.
Interlocal Agreement between Seminole County and City of Wi
nter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Page 3 of 6
Section 8. Assignments. Neither party to this Agreement shall assign this Agreement nor
any interest arising herein without the written consent of the other.
Section 9. Notices. Whenever either party desires to give notice unto the other, notice
shall be sent to:
For COUNTY:
MSBU Program Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For CITY:
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Either party to this Agreement may ch4nge, by written notice as provided herein, the
Al
addresses or persons for receipt of notices. `
Section 10. Compliance with Laws and Regulations. In providing all services pursuant
to this Agreement, the parties shall abide by all statutes, ordinances, rules and regulations
pertaining to or regulating the provisions of such services, including those now in effect and
hereafter adopted.
Section 11. Amendment and Waiver. Neither this Agreement nor any portion of it may
be modified or waived orally. The provisions of this Agreement may be amended or waived only
pursuant to an instrument in writing, approved by COUNTY and CITY, and jointly executed by
such parties. Either COUNTY or CITY shall have the right, but not the obligation, to waive any
right or condition intended for the benefit of such party without being deemed to have waived any
other rights. Such waiver shall be valid only if expressly granted in writing as set forth above.
Interlocal Agreement between Seminole County and City of Winter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Page 4 of 6
Section 12. Third Party Beneficiary. This Agreement is binding upon and solely for the
benefit of COUNTY and CITY, and no right or cause of action shall accrue upon or by reason
hereof to the benefit of any third party. Nothing in this Agreement is intended or shall be construed
to confer upon or give any person, corporation or governmental entity or agency, other than
COUNTY and/or CITY, any right, remedy or claim under or by reason of this Agreement or any
provisions hereof.
Section 13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the dates
written below.
ATTEST: CITY OF WINTER SPRINGS
10/
44
Christian Gowan,City Clerk . Charles LaceMayor/
... �� Y ... �w.
Date: , , ,. „
Approved as to form and
legal sufficiency. Co
CC
Anthony A. Garganese .
City Attorney
[Signatures and attestations continued on following page.]
Interlocal Agreement between Seminole County and City of Wi
nter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Page 5 of 6
W
ATTEST.' BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
w
y
GI ' T MALO i - __ Blairman
Clerk o the Board )f
County Commissioners of Date:.
�... _ w
Seminole County, Florida.
For the use and reliance As authorized for execution by the
of Seminole County only. . oard of Count Commissioners at their
� _ ... 20 regular
Approved as to form and meeting.
legal sufficiency,
w
e, �
County Attorney
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P:1Users\Lcgal Secretary CSB1Fiscal ServiceslMSBUIInterlocal w Winter Springs-Little Lake Howell-Tuskawilla Lake.docx
Interlocal Agreement between Seminole County and City of Winter Springs
Lake Management of Little Lake Howell/Tuskawilla Lake
Page 6 of 6
ORDINANCE NO.2021- 2 SEMINOLE COUNTY,FLORIDA
AN ORDINANCE CREATING THE LITTLE LAKE HOWELLUI'USKAWII.,LA LAKE
w MANAGEMENT MUNICIPAL SERVICES BENEFIT UNIT (NEBU) FOR THE
J c PURPOSE OF PROVIDING LAKE MANAGEMENT TO THE LAKE AREAS WlTHIN 7 THE MSBU, PROVIDING IDENTIFICATION OF PROPERTY INCLUDED IN SAID
o UNIT; PROVIDING FOR THE GOVERNING OF SAID MSBU BY THE BOARD OF
o 0 4;c, COUNTY COMMISSIONERS; PROVIDING THE ASSESSMENT FORMULA; �r
v Waco
PROVIDING A LIST OF PRE .iMI11TARY CAPITAL MMOVEMENT ASSESSMENT
WH�• � O
J M M a o AND PROVIDING FOR A METHOD OF ESTABLISHING FINAL CAPITAL ig,
z p°in �_ ASSESSMENT; PROVIDING ANNUAL VARIABLE RATE ASSESSMENT AND d w,
w INITIAL ASSESSMENT ROLL FOR ASSESSMENT AND COLLECTION BY THE X
c�i w UNIFORMNWMODADOPTIDBYTHESEMINOLECOUNTYBOARD OFCOUNTY LOU$
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o ceo o "- COMMISSIONERS ON FEBRUARY24, 2009 PURSUANT TO SECTION 197,3b32, o�c o
a U-o qt z FLORIDA STATUTES; PROVIDING FOR CODIFICATION IN THE SEMINOLE N
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�N o M COUNTY CODE; PROVIDING FOR SEVERABH1w, AND PROVIDING AN
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WHEREAS, the Board of County Commissioners of Seminole County, Florida has the
authority to establish a Municipal Services Benefit Unit(MSBU)pursuant to Chapter 125, Florida
Statutes; and
WHEREAS, there are waterfront properties, within unincorporated Seminole County
and/or the City of Winter Springs at Little Lake Howell/Tuskawilla which will benefit from the
municipal lake management services; and
WHEREAS,pursuant to Chapter 163,Florida Statutes, local governments are encouraged
to cooperate on the basis of mutual advantage to provide services that will influence the needs of
local communities; and
WHEREAS, pursuant to Chapter 125.01(5)(a), Florida Statutes, the City of Winter
Springs has established, or will establish prior to the effective date of this Ordinance, the required
city ordinance providing authorization for Seminole County to assess and collect through uniform
method the non-ad valorem assessments from specially benefited waterfront parcels within the
city's taxing district; and
. .._. ,... a,..�....... .__....
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 1 of 9
w
WHEREAS, the municipal services to be provided by Seminole County at Little Lake
Howell/Tuskawilla that is located in the southwest quadrant of Seminole County, are identified by
three distinct phases. As herein authorized by creation of an MSBU, Phase I shall consist of a
large-scale hydrilla treatment and start-up services funded by: (i) a one-time County contribution
of SEVENTEEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($17,500.00) from
the Public Works Department fiscal year budget, and(ii) a designated cost share to be assigned to
the specially benefited properties and levied as a capital non-ad valorem assessment financed and
payable by installment over a multi-year repayment period as identified in Exhibits A, B and C;
Phase II services shall consist of ongoing lake management services funded by annual variable
rate non-ad valorem assessment as identified in Exhibits A, B and D; and Phase III services shall
consist of nutrient abatement services to be implemented at a later date funded by a capital non-ad
valorem assessment as identified in Exhibit A; and
WHEREAS, lake management as a municipal service is expected to be ongoing and
indefinite due to the ever changing environmental and aquatic vegetation conditions associated
with Florida lakes; Phase II shall consists of those services deemed critical to maintaining and
promoting conditions that enhance the over-all health of the waterbody; with emphasis on
providing a public service for a public purpose which by definition is limited to the shoreline and
the waterbody. Seminole County will provide an initial and ongoing lake management plan based
on funding parameters and best lake management practices; and will initiate and manage service
contracts, monitor results and communicate updates on a routine basis. Management of the
waterbody may include chemical, mechanical, biological, and/or other methods associated with
best lake management practices and as deemed appropriate by the County; and
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 2 of 9
WHEREAS, the County is providing supplemental funding for Phase I services; a
minimum duration for Phase II services shall be mandated to ensure optimal outcome and
preservation of improvements gained during Phase I; and,
WHEREAS, the referenced municipal services were requested via a community-based
application and the required Petition to Create an MSBU distributed and monitored by the MSBU
Program demonstrated a favorable community support percentage [Exhibit E] that met the
minimum sixty-five percent(65%) support level required by Section 22.10(N) of the Seminole
County Administrative Code; and
WHEREAS, the non-ad valorem assessment which results from enactment of this
Ordinance may be adjusted per actual cost, and all assessments may be adjusted accordingly due
to changes in the number of benefit units, changes in Department of Revenue classification or
fluctuations in operating and/or administrative expenses necessary for lake management services;
and
WHEREAS, the Phase I preliminary assessment is proposed at (a) EIGHT HUNDRED
SEVENTY-FIVE AND 00/100 DOLLARS ($875.00) per waterfront parcel per cost projections
provided in Exhibit A; and
WHEREAS, the initial Phase II variable rate assessment is proposed at (a) FOUR
HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($445.00); and
WHEREAS, the Phase III preliminary project cost estimate has been supported by the
owners of benefited property through the formal petition process, the implementation date for
Phase II services and the associated capital assessment will be adopted by the Board at a later date;
and
WHEREAS, the Seminole County Public Works Department will select the service
provider(s) according to standard Purchasing and Contract provisions; and
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 3 of 9
WHEREAS, boat access to the lake is required for the County to provide these services;
and
WHEREAS, the Seminole County Public Works Department will maintain decision-
making authority relative to initial and on-going lake management services; and
WHEREAS, community participation and representation is encouraged in support of
certain MSBU activities. Representatives of the assessed properties will be provided opportunity
to serve as liaisons of the assessed community as per Roles and Responsibilities outlined in
Exhibit F; and
WHEREAS, an Economic Impact Statement has been prepared for public review in
accordance with the provisions set forth in the Seminole County Home Rule Charter; and
WHEREAS,the Board of County Commissioners has approved the hereinafter described
MSBU.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA:
Section 1. Short Title. This Ordinance shall be known and referred to as the Little Lake
Howell/Tuskawilla Lake Management Municipal Services Benefit Unit(MSBU) Ordinance.
Section 2. Creating Unit; Improvements. There is hereby created within Seminole
County the Little Lake Howell/Tuskawilla Lake Management Municipal Services Benefit Unit
(MSBU) for the purpose of providing a three phase lake management service plan as described in
Exhibit A. Said MSBU boundary shall encompass the parcels listed in Exhibits C and D per the
property records maintained by the Seminole County Property Appraiser, all of which are located
within unincorporated Seminole County, Florida and/or the City of Winter Springs, Florida.
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 4 of 9
Section 3. Powers and Duties of Board. The MSBU shall be governed by the Board of
County Commissioners of Seminole County, Florida, which Board shall have the following
powers and duties:
(a) To provide for the collection and disbursal by the County of such funds as may be
necessary to pay the expenses for lake management services within the MSBU.
(b) To provide for or contract for the design, construction, and maintenance of the
chemical,biological, mechanical or any combination of methodologies as set forth in Section 2.
(c) To levy non-ad valorem assessments upon property abutting, adjoining and
contiguous to such restoration and lake management areas when such property is specially
benefited by such services.
(d) To levy non-ad valorem assessments upon any property which is specially benefited
and/or abuts, adjoins and is contiguous to the lake, or which may have been omitted from the
hereinafter described assessment listing, upon giving sufficient notice to the owners of such
property and holding a public hearing to consider any comments, objections or other relevant
information to arrive at such decision to levy such non-ad valorem assessments.
(e) To provide method of financing from MSBU Program project funds as authorized
by the administrative procedures for municipal services benefit units.
Section 4. MSBU Administrative Costs. All property included in the assessed boundary
will be assessed administrative costs, as promulgated under the Municipal Services Benefit Unit
Program procedures.
Section 5. County Funding Participation. A supplemental County funding contribution
in the amount of SEVENTEEN THOUSAND FIVE-HUNDRED AND 00/100
DOLLARS ($17,500.00) for Phase I is designated from the Public Works Department FY20-21
annual budget.
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 5 of 9
k
Section 6. Assessment and Collection. The funding structure for Phase I, Phase II and
Phase III as described in Section 2, is provided in Exhibit B. A list of the properties specifically
benefited by the lake management services, along with the respective benefit unit allocation, is
provided in Exhibits C and D. A preliminary Phase I non-ad valorem capital assessment as listed
in Exhibit C is hereby assigned to each property specially benefited from Phase I services. The
final Phase I assessment will be determined following completion of that phase. Final assessment
will be established by Board Resolution adopted at a public hearing and will be based on actual
cost of Phase I services, less the supplemental funding provided by the COUNTY. Payment in full
of the final adjusted Phase I assessment without assignment of financing fees will be accepted by
the County within thirty(30)days following the final public hearing. Phase I assessments not paid
in full at that time will be assigned an annual financing fee and will be collected by up to five(5)
equal annual installments billed and collected through the annual property tax bills. Financing fees
are subject to financing terms available at the time of project completion and establishment of the
final adjusted assessment.
An annual variable rate assessment as listed in Exhibit D for Phase II services is hereby
assigned to each property to be specially benefited by Phase II services. The initial assessment roll
proposed for levy via the 2021 assessment roll is provided in Exhibit D. After the initial year of
assessment, the assessment amounts may be adjusted annually. The annual assessment shall be
derived each year by allocating the total annual budgeted costs of the MSBU equitably to each
benefit unit per the assessment matrix provided in Exhibit B. The assessment amount per benefit
component shall be approved annually by Board Resolution. The capital assessment for Phase III
services will be determined and levied at a later date according to standard MSBU Program
procedures. The preliminary cost estimate for Phase III services as of January 2021 is provided in
Exhibit A. Community support for Phase III services and funding by assessment was established
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 6 of 9
0.
during the petitioning process conducted in conjunction with the community request for
establishing the Little Lake Howell/Tuskawilla Lake Management MSBU.
Said assessments shall constitute a lien upon the lands assessed. Pending collection by the
County of such assessments, as provided herein, the County may spend from its Municipal
Services Benefit Unit Fund such sums as may be necessary to operate, maintain and administer
the MSBU hereby created, and the County will be reimbursed to such extent at such time
assessments are collected.
All non-ad valorem assessments which may be created through this Ordinance shall be
assessed and collected by the uniform method adopted by the Seminole County Board of County
Commissioners,pursuant to Section 197.3632, Florida Statutes.
Section 7. Maximum Allowable Assessment. The Phase II assessment developed per
Exhibit A and the provisions of the Little Lake Howell/Tuskawilla Lake Management Municipal
Services Benefit Unit Ordinance may be adjusted annually. An assessment increase in any given
year is limited to an amount no greater than fifteen percent(15%) above the prior year rate. An
assessment increase amount greater than fifteen percent (15%) in any given year, as set forth in
this Ordinance, can be authorized by Board resolution at a public hearing or by Board consent
resolution subsequent to an MSBU Program petition process that confirms the owners of at least
sixty-five percent(65%) of the assessed properties support the recommended increase. The
maximum allowable assessment per waterfront residential parcel for Phase II is capped at SIX
HUNDRED FIFTY AND 00/100 DOLLARS ($650.00). The cap may be increased by Board
resolution at a public hearing or by Board consent resolution subsequent to an MSBU Program
petition process that confirms the owners of at least sixty-five percent(65%) of the assessed
properties support the recommended increase. Assessments will be adjusted to accommodate
......---- .....
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 7 of 9
Department of Revenue classification changes and to include any new parcels derived from a
property split,merge or join within the said MSBU.
Section 8. Minimum Duration. Based upon the Phase I services authorized and
coordinated by the County on behalf of Little Lake Howell/Tuskawilla in association with this
Ordinance and funded with County support, a minimum duration of ten(10) years for Phase II
ongoing services funded by non-ad valorem assessment is deemed appropriate to ensure
continuance of improvement gained by aquatic weed control efforts. Unless otherwise authorized
by the Board,dissolution of the Little Lake Howell/Tuskawilla Lake Management MSBU will not
be granted until the Ordinance has been in effect for a minimum of ten (10) assessment years
following the effective date of the ordinance creating the MSBU. The minimum duration may be
extended by Board Resolution based on future fund advances as may be required to support
implementation of Phase III services.
Section 9. MSBU Liaisons. Representatives of the assessed properties shall be provided
opportunity to serve as MSBU Liaisons. The role of an MSBU Liaison includes activities such as
providing representation on behalf of all owners of assessed property on lake issues, monitoring
lake conditions and reporting observations, attending an annual lake management meeting with
the County, disseminating relevant information, and encouraging communitywide awareness and
participation respective to environmental stewardship recommendations as outlined in Exhibit F.
Section 10. Codification. It is the intention of the Board of County Commissioners that
the provisions of this Ordinance shall become and be made a part of the Seminole County Code,
and that the word "ordinance" may be changed to "section", "article", or other appropriate word
or phrase and the sections of this Ordinance may be renumbered or re-lettered to accomplish such
intention; providing, however, that Sections 10, 11 and 12 of this Ordinance shall not be codified.
Little Lake Howell/Tuskawilla Lake Management MSBU
Page 8 of 9
r
Section 11. Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, it is the intent of the Board of County Commissioners
that such invalidity shall not affect other provisions or applications of this Ordinance which can
be given effect without the invalid provision or application and, to this end, the provisions of this
Ordinance are declared severable.
Section 12. Effective Date.This Ordinance shall take effect upon the latter of the following
two events: (1)filing a copy of this Ordinance with the Department of State by the Clerk to the Board
of County Commissioners; and (2) the effective date of the companion City of Winter Springs
Ordinance providing for the authorization for Seminole County to access and collect non-ad valorem
assessments from specially benefitted waterfront parcels with the City's taxing district in accordance
with the terms of this Ordinance.
BE IT ORDAINED by the Board of County Commissioners of Seminole County, this
J , 2021.
day of U�
ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
GRO '. E CONSTANTINE, Chairman
Qqk to 1e
;oCoun�yAC fl mission*ers of
aple m1 �pl�tit Florida
Attachments:
Exhibit A — Scope of Services and Cost Estimates
Exhibit B — Assessment Boundary, Benefit Unit, and Cost Allocation
Exhibit C — Preliminary Assessment Roll—Phase I
Exhibit D — Initial Assessment Roll—Phase II
Exhibit E — Petition& Summary Results
Exhibit F — Roles and Responsibilities
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Little Lake Howell/Tuskawilla Lake Management MSBU
Page 9 of 9
EXHIBITS
A—Scope of Services and Cost Estimates
B—Assessment Boundary, Benefit Unit and Cost Allocation
C— Preliminary Assessment Roll—Phase I
D—Initial Assessment Roll— Phase II
E— Petition & Summary Results
F— Roles and Responsibilities
Exhibit A
Scope of Services and Cost Estimates
SCOPE OF SERVICES
The lake management services offered by Seminole County are limited to the waterbody boundary.
The lake management services to be provided on behalf of Little Lake Howell/Tuskawilla as defined
in this ordinance consists of PHASE I: Restoration and Startup Services, PHASE 11: Ongoing Lake
Management, and Phase III: Nutrient Abatement Services. The PHASE I services will address
existing conditions necessitating immediate intervention as deemed essential by Seminole County's
Lake Management Program and according to proposed funding parameters. PHASE II services will
consist of on-going lake management services deemed essential by Seminole County for maintaining
and promoting targeted outcomes. Phase III services will consist of Nutrient Abatement services to
be implemented at a later date funded by capital non-ad valorem assessment. All three Phases of
service will be based on best lake management practices and service methodologies may include a
broad variety of modalities, such as, but not limited to chemical application, biological(such as triploid
grass carp fish), and mechanical (such as harvesting) when deemed appropriate by the County. A
Lake Management Plan defining short and long term objectives will be developed by the County
utilizing best lake management practices and will be aligned with an ongoing financial plan for funding
authorized essential public services within the funding parameters established in this Ordinance.
COST ESTIMATES
PHASE I cost is estimated at $59,500. The referenced cost includes contracted service cost and
MSBU Program administrative cost incurred in association with management and coordination of the
Phase I capital assessment.The supplemental county funding proposed in the amount of J1Z 500 by
the Public Works Department, reduces the Phase I estimated total cost for assessment calculation
purposes to $42,000. Although a variety of factors have been applied to cost estimates, the cost for
PHASE I hydrilla treatment is contingent on factors (such as weather conditions and the
responsiveness of the hydrilla to the herbicide application)that cannot be controlled by the County or
the community. The PHASE 1 assessment will be adjusted according to actual cost—whether
higher or lower than the estimated cost.
PHASE 11 services are ongoing and are estimated to require supporting assessment revenue at
approximately$39,000 per year, based on a 5-year projected budget that includes the estimated cost
of ongoing services, County[MSBU Program] administrative fee for management of the assessment
district, and MSBU Program cost incurred with coordination of the Phase II variable assessment.
PHASE III services shall consist of nutrient abatement services to be implemented at a later date and
funded by a capital non-ad-valorem assessment. The estimated project cost for Phase III services is
$253,000, with the estimated capital assessment associated with the estimated project cost being
$5315.00 per waterfront property. The services for Phase III shall be funded by a designated cost
share to be assigned to benefited properties and levied as a capital assessment. The standard
petition process to demonstrate community support was conducted in conjunction with the original
process in 2020 when creation of the MSBU was requested.
Exhibit B
Assessment Boundary, Benefit Unit and Cost Allocation
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MSGU Beurwary boc USKAWILLA ASSESSMENT BOUNDARY
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Assessment BoundaU (map above and Assessment Benefit Unit
The assessment boundary for the proposed MSBU includes 48 specially benefited parcels that abut the
lakefront. Each specially benefited parcel is assigned 1 benefit unit for assessment allocation purposes.The
referenced boundary denotes an excluded lakefront parcel that was identified by the County [Lake
Management Program] to be excluded from assessment based on service plans and absence of special
benefit.
Cost Allocation IAssessmentl
PHASE I: The preliminary capital assessment for PHASE I services is $875.00 per benefit unit. The
preliminary 5-year installment plan yields an annual installment billing of$198.00 per benefit unit and includes
financing fees. The capital assessment and installment billing amount will be revised based on actual costs
following completion of PHASE I services.
PHASE II: The initial PHASE II assessment is $445.00 per benefit unit.Assessments for future years will be
determined by the County according to site conditions,treatment plans, contracts, and financial status of the
MSBU.
PHASE III: The assessment levy for PHASE III services will be determine at a later date through standard
non-ad valorem assessment processes. Scheduling of PHASE III will be following implementation of PHASE
II services. Initial cost projections yielded an assessment of$5,315 per benefit unit and a repayment period
of up to 12 years was proposed during the initial petitioning process.
Exhibit C
PHASE I PRELIMINARY CAPITAL ASSESSMENT ROLL
BENEFIT UNITS ASSESSMENT PER ANNUAL
=PARCELNTIFICATION [BU] BU TOTAL ASSESSMENT INSTALLMENT ASSESSMENT CATEGORY
11213030000100000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
112130300001A0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
112130300001 C0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
112130300001 D0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
112130300001 E0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1121305QR00000010 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1121305QR00000020 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1121305QR00000030 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
12213050700000010 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000010 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV0000001A 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000020 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000030 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000040 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000050 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305DV00000060 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305LD00000150 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305LD00000160 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305LD00000170 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1221305LD00000180 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213030000400000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
132130300004A0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213050700000100 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213050700000110 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213050700000120 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213050700000130 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213050700000140 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213051100000170 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213051100000180 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
13213051100000190 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1321305H000000430 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1321305H000000450 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1321305H000000460 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
BENEFIT UNITS ASSESSMENT PER ANNULLAL ASSESS
PARCEL IDENTIFICATION [BU) BU TOTAL ASSESSMENT INSTAMENT MENT CATEGORY
1321305H000000470 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1321305H000000480 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
1321305H000000490 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300001 E0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300001 F0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213030000400000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213030000500000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300005DO000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213030000600000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213030000700000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300007B0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300007F0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
142130300008A0000 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213052100000010 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
14213052100000020 1 $ 875.00 $ 875.00 $ 198.00 Lakefront
Exhibit D
PHASE II INITIAL VARIABLE RATE ASSESSMENT ROLL
PARCEL BENEFIT UNITS ASSESSMENT TOTAL ASSESSMENT
IDENTIFICATION IBU] PER BU ASSESSMENT CATEGORY
11213030000100000 1 $445.00 $445.00 Lakefront
112130300001A0000 1 $445.00 $445.00 Lakefront
112130300001 C0000 1 $445.00 $445.00 Lakefront
112130300001 D0000 1 $445.00 $445.00 Lakefront
112130300001 E0000 1 $445.00 $445.00 Lakefront
1121305QR00000010 1 $445.00 $445.00 Lakefront
1121305QR00000020 1 $445.00 $445.00 Lakefront
1121305QR00000030 1 $445.00 $445.00 Lakefront
12213050700000010 1 $445.00 $445.00 Lakefront
1221305DV00000010 1 $445.00 $445.00 Lakefront
1221305DV0000001A 1 $445.00 $445.00 Lakefront
1221305DV00000020 1 $445.00 $445.00 Lakefront
1221305DV00000030 1 $445.00 $445.00 Lakefront
1221305DV00000040 1 $445.00 $445.00 Lakefront
1221305DV00000050 1 $445.00 $445.00 Lakefront
1221305DV00000060 1 $445.00 $445.00 Lakefront
1221305LD00000150 1 $445.00 $445.00 Lakefront
1221305LD00000160 1 $445.00 $445.00 Lakefront
1221305LD00000170 1 $445.00 $445.00 Lakefront
1221305LD00000180 1 $445.00 $445.00 Lakefront
13213030000400000 1 $445.00 $445.00 Lakefront
132130300004A0000 1 $445.00 $445.00 Lakefront
13213050700000100 1 $445.00 $445.00 Lakefront
13213050700000110 1 $445.00 $445.00 Lakefront
13213050700000120 1 $445.00 $445.00 Lakefront
13213050700000130 1 $445.00 $445.00 Lakefront
13213050700000140 1 $445.00 $445.00 Lakefront
13213051100000170 1 $445.00 $445.00 Lakefront
13213051100000180 1 $445.00 $445.00 Lakefront
13213051100000190 1 $445.00 $445.00 Lakefront
1321305H000000430 1 $445.00 $445.00 Lakefront
1321305H000000450 1 $445.00 $445.00 Lakefront
PARCEL BENEFIT UNITS ASSESSMENT TOTAL ASSESSMENT
IDENTIFICATION [BU] PER BU ASSESSMENT CATEGORY
1321305HU00000460 1 $445.00 $445.00 Lakefront
1321305HU00000470 1 $445.00 $445.00 Lakefront
1321305HU00000480 1 $445.00 $445.00 Lakefront
1321305HU00000490 1 $445.00 $445.00 Lakefront
142130300001 E0000 1 $445.00 $445.00 Lakefront
142130300001 F0o00 1 $445.00 $445.00 Lakefront
14213030000400000 1 $445.00 $445.00 Lakefront
14213030000500000 1 $445.00 $445.00 Lakefront
142130300005D0000 1 $445.00 $445.00 Lakefront
14213030000600000 1 $445.00 $445.00 Lakefront
14213030000700000 1 $445.00 $445.00 Lakefront
142130300007B0000 1 $445.00 $445.00 Lakefront
142130300007F0000 1 $445.00 $445.00 Lakefront
142130300008A0000 1 $445.00 $445.00 Lakefront
14213052100000010 1 $445.00 $445.00 Lakefront
14213052100000020 1 $445.00 $445.00 Lakefront
Exhibit E
Primary Petition Results & Sample Petition
PETITION RESULTS
Little Lake Howell/Tuskawilla: MSBU Petition
Total Lakefront Properties 48
Total Responses 37
For 36 75.0%
Oppose 12 25.0%
Against 1 2.1%
No Response 11 22.9%
MINOLE Co PETITION TO CREATE AN MSBU [Municipal Services Benefit Unit]
ti LINTY�
Little Lake Howell (aka Tuskawilla Lake)
This Petition to Create an MSBU defines basic expectations for the non-ad valorem assessment district [MSBU]
proposed for funding public lake management services on behalf of the Little Lake Howell(aka Tuskawilla Lake).
The Petition serves to communicate property owner support or opposition respective to creation of the MSBU by
the Seminole County Board of County Commissioners. The petition results will determine if the application to
create the MSBU will be presented to the Board of County Commissioners[BCC]for further consideration.
MSBU SCOPE: Lake Management as a public service yields special benefit to waterfront property and to
property with right of use respective to waterfront property through long-term lake management services
supported by a dedicated funding source. The assessment boundary for the proposed MSBU includes 48
waterfront parcels, inclusive of 8 properties in the City of Winter Springs taxing district. The public services
to be provided by the County will be provided in three Phases according to the Lake Management Plan
developed by the County. PHASE I services will be funded by capital assessment and will include a large-
scale hydrilla herbicide treatment & startup services to be completed prior to October 1, 2021. PHASE II
services will be funded by annual variable rate assessment and will provide ongoing lake management
services to be initiated October 1, 2021. PHASE III services as defined in the long-term lake management
plan (nutrient abatement treatments) will be funded by a subsequent capital assessment at a future date,
tentatively after the Phase I services have been paid in full. Prior to levy of the Phase III assessment, a public
hearing will be conducted to confirm continuance with plan. Service methodologies for all phases may include
chemical, mechanical, biological(such as stocking sterile grass carp fish),and other practices consistent with
best lake management practices and as deemed appropriate by the County.
COST & ALLOCATION: The estimated total cost for Phase I is $42,000. The estimated average annual
budget for PHASE II ongoing services is $39,000 based on a 5-year projected budget. The estimated cost
for Phase III is $253,000.All waterfront parcels in the assessment boundary are assigned 1 benefit unit and
share equally in the allocation of cost.
PHASE I ASSESSMENT: Based on estimated cost for PHASE I services, the capital assessment for this
phase is $875.00 per waterfront property. The PHASE I preliminary assessment will be adopted based on
estimated cost and will be subsequently adjusted based on actual cost after completion of PHASE I The
assessment may be paid in full anytime thereafter or by installment payments included on the property tax
bill. A 5-year repayment period with equal annual installments billed through the property tax bill beginning
with tax year 2021 is proposed. The preliminary PHASE/capital assessment proposed for parcel xx-xx-xxx-
xxxx-xxxx is $875.00. The annual installment amount is $198.00.
PHASE II ASSESSMENT: The initial PHASE II variable rate assessment as proposed is based on the 5-year
budget projection. If the proposed MSBU is created prior to September 2021,the initial PHASE II assessment
will be included on the 2021 property tax bill.Assessment amount for PHASE II may-vary annually as service
cost is dependent on conditions that cannot be predicted with certainty. Assessments for future years will be
determined by the County according to site conditions, treatment plans, contracts, and financial status of the
MSBU. The maximum allowable assessment for PHASE II is capped at $650.00 and the annual allowable
increase is limited to 15% unless supported in advance by the assessed community through a petition
process or public hearing coordinated by the County. Future year assessments are noticed in advance to
property owners by mail. The proposed PHASE 11 assessment for parcel xx-xx-xxx-xxxx-xxxx is$445.00.
PHASE III ASSESSMENT: Based on estimated cost for PHASE III services, the capital assessment for this
phase is $5,315.00 per waterfront property. If the MSBU is created, the PHASE III preliminary assessment
will be proposed for levy at a later year public hearing to be held in advance of implementing PHASE III
services. A 12-year repayment period with equal annual installments of$555.00 billed through the property
tax bill is tentatively recommended. The projected estimated PHASE Ill capital assessment for parcel xx-xx-
xxx-xxxx-xxxx is$5,315.00. The annual installment amount would be$555.00 if levied and billed as projected.
ASSESSMENT LIEN&EARLY PAYMENT DISCOUNT:Assessment boundaries are documented in County
land records. The PHASE I capital assessment will constitute a lien against the property until paid in full.
PHASE 11 annual assessments will constitute temporary liens that are satisfied upon payment of the annual
property tax bill. The PHASE III capital assessment will not be recorded as an official assessment or lien until
the year in which the assessment is activated for levy. Assessments and installments collected via the
property tax bill are eligible for the same early payment discounts (up to 4%) as property taxes.
DISSOLUTION OF MSBU: After creation, an MSBU may be dissolved in a manner similar to MSBU creation
(application, petition, and BCC approval). If the County provides funding assistance,then a minimum duration
of up to 10 years may be imposed on the continuance of PHASE II services.
PUBLIC HEARING: Upon determination that at least 65% of the waterfront properties in the proposed
assessment boundary have responded in support of MSBU creation, along with confirmation of Interlocal
Agreement with the City of Winter Springs, a public hearing will be held by the Board of County Commissioners
to consider establishing the requested MSBU. Notice of the hearing will be mailed to the owners of all property
included in the assessment boundary. If the proposed MSBU is created by the BCC, all properties listed in
the assessment boundary will be assessed.
Keep this page for your records. Return petition signature page to register your response.
PETITION TO CREATE AN MSBU—Little Lake Howell(aka Tuskawilla Lake)
PETITION SIGNATURE A
Return completed signature page to register your petition response.
I/We the undersigned acknowledge and attest to the expectations communicated by petition contents in regards
to the proposed MSBU. I/We hereby submit this petition signature page and attest to being the true and current
property owner(s)of the parcel identified below. The box checked below communicates whether I/we support or
oppose creation of the MSBU.
Check one box only.— either "FOR'or"AGAINST"
❑ FOR By checking the"FOR" box and signing below, I/We communicate support the creation of
an MSBU to fund public lake management services and hereby petition the Seminole County BCC to
create the proposed MSBU. The undersigned acknowledge(s)that I/we are committing to this project and may
not subsequently withdraw support. I/We understand the assessments proposed for the referenced property are
as noted below:
PHASE I: I 875.001," Installment Amount: $198.001.2.1
PHASE II: 445.0®3
PHASE III: $5'3,15.001.4 Installment Amount: $550.001,z,3 tentatively after repayment of Phase I
'Although a variety of factors have been applied to cost estimates,the cost for PHASE I is contingent on factors
that cannot be controlled by the County. The final PHASE I assessment will be adjusted according to
actual cost—whether higher or lower than the estimated cost.
2County funding assistance in the amount of$17,500 is designated from the Public Works Department budget
for fiscal year 2020-2021 for PHASE I services and is included the proposed assessment calculation.
3Proposed assessments are contingent on Interlocal Agreement with City of Winter Springs with cost share
allocation to specially benefited properties within the taxing district of the city.
4The cost for PHASE III is contingent on factors at the time of future levy. Assessment levy is anticipated to
take place several years after MSBU creation.A separate public hearing with mailed notice to property owners
will be conducted in advance of implementing PHASE III services.
❑ AGAINST By checking the"AGAINST" box, I/we communicate opposition to creation of an MSBU
to fund public lake management services and hereby petition the Seminole County BCC to deny creation
of the proposed MSBU.
ADDRESS: x OWNER(s): x
Signature Date , 2020 Owner 1
Signature Date _„ 2020 Owner 2:
Petitions are complete when one box is checked and all owners have signed the petition. The filing deadline for
this Petition to Create an MSBU is November 30, 2020. The deadline may be extended at the discretion of the
MSBU Program. In the event a response is not received for a property, the petition status for the property will
be noted as "UNKNOWN" and will be counted as an "AGAINST" response. Please be certain to submit your
completed petition for receipt by the MSBU Program on or before the deadline. Petition results will be posted to
the MSBU Program website within three business days following closure of petition. Return your completed
petition to:
MSBU Program
MS BU P rog ram§semtno„lecount fl. Loy
OR
1101 East First Street, Sanford, FL 32771-1468
December
� RETURN FOR RECEIPT BY .. .. ..,.._.. 2, 2 F=�.,,,,,,,,,,�,,,,mmm, ,,,,
Exhibit F
Roles and Responsibilities
ROLES& RESPONSIBILITY
General Outline
COUNTY
Seminole County will
✓ Govern the MSBU
✓ Provide financial management of MSBU fund and assessment levy
✓ Ensure activities conducted with assessment funding align with the
scope of services documented in the governing ordinance
✓ Ensure the lake is monitored and services are appropriately rendered
✓ Maintain decision-making authority relative to the public services to
be provided and will defer to best lake management practices when
making such decisions
✓ Provide an ongoing lake management plan based on the defined
service scope, permitting, conditions at the lake, funding parameters,
and best lake management practices. The Lake Management Plan
will be developed and maintained by the Lake Management Program
with liaison participation
✓ Initiate and manage service contracts, monitor results, and
communicate updates on a routine basis
✓ Conduct annual meetings that offer opportunity for liaison discussion
as to prior, current, and future action plans
✓ Encourage liaisons and assist with educational outreach efforts to
protect the health and water quality of the waterbody
LIAISONS
Liaisons will
✓ Encourage communitywide awareness and participation relative to
environmental stewardship recommendations and opportunities
✓ Provide communitywide communication and assist the County in the
distribution of relevant lake information
✓ Attend annual lake management and budget planning sessions
conducted by the County
✓ Serve as representatives of the community on lake issues;
representing the respective lake community as a whole
✓ Monitor lake conditions and provide feedback to the County as to
observations