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HomeMy WebLinkAbout2021 01 25 Public Hearing 400 - First Reading Ordinance No. 2021-01 Creation of Little Lake Howell (Lake Tuskawilla) Municipal Service Benefit Unit (MSBU) + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I JANUARY 25, 2021 REGULAR MEETING TITLE Creation of Little Lake Howell (Lake Tuskawilla) Municipal Service Benefit Unit (MSBU) SUMMARY On October 12, 2020 Staff presented to the Commission for consideration, a Letter of Preliminary Support for the Creation of Little Lake Howell (Tuskawilla Lake) Municipal Service Benefit Unit(MSBU), Consent Agenda Item 301. In summary, there are 48 parcels of land surrounding the lake 40 parcels are homes to residents of unincorporated Seminole County, and 8 are homes to residents of the City of Winter Springs. Subsequent to that meeting, a petition of these residents was taken by the County to obtain consent to proceed with the MSBU. The County has received 75% total support of all homeowners; whereby 65% was needed to move forward with the creation of the MSBU. Staff would like to note of the 8 home owners within in the City 6 (or 75%)were for the measure and 2 did not respond to the petition. To complete the process of the MSBU is twofold. • An Ordinance of the City is required to create a new Article V, Division 1 of Chapter 18, taxation, of the city code; authorizing the inclusion of certain property located within the city in the Little Lake Howell/Tuskawilla Lake Management Municipal Service Benefit Unit (MSBU). This MSBU is created and established by Seminole County,for the purpose of providing lake management services to the lake within the unit; providing identification of the property within the City of Winter Springs. • An interlocal agreement is needed with Seminole County. The purpose of this Agreement is to establish the terms and conditions for lake management on Little Lake Howell for the special benefit of properties fronting on Little Lake Howell and those properties with right of use of a property fronting on Little Lake Howell. 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 the citizens. The County will 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, as well as establishing and governing the MSBU and for assessing property cost share allocations according to an annual budgeted amount 1 established by the County. The creation of the MSBU is dependent upon the City and the County signing the interlocal agreement and the passing of each jurisdiction's local ordinance authorizing the creation of the MSBU. The County is expected to take up the interlocal agreement and hold a public hearing for the passage of the County's local ordinance at the County Commission Meeting on January 26, 2021 at 1 PM. (Public Notices attached.) There is no financial cost to the City. RECOMMENDATION Staff recommends the City Commission to authorize the City Manager and City Attorney to prepare and execute all applicable documents and conduct a First reading of Ordinance 2021-01 and to approve and authorize the Mayor to sign the interlocal agreement with Seminole County for the creation of the Little Lake Howell MSBU. 2 ORDINANCE NO. 2021-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; CREATING A NEW ARTICLE V, DIVISION 1 OF CHAPTER 18, TAXATION, OF THE CITY CODE; AUTHORIZING THE INCLUSION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY IN THE LITTLE LAKE HOWELL/TUSKAWILLA LAKE MANAGEMENT MUNICIPAL SERVICE BENEFIT UNIT CREATED AND ESTABLISHED BY SEMINOLE COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING LAKE MANAGEMENT SERVICES TO THE LAKE WITHIN THE UNIT; PROVIDING IDENTIFICATION OF PROPERTY WITHIN THE CITY OF WINTER SPRINGS AUTHORIZED FOR INCLUSION IN SAID UNIT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has entered into the Little Lake Howell/Tuskawilla Lake Interlocal Agreement with Seminole County, Florida, whereby the City has agreed to authorize inclusion of certain lands lying in the City of Winter Springs in a Municipal Service Benefit Unit ("MSBU") to be created and established by Seminole County to provide for the control of aquatic vegetation in Little Lake Howell; and WHEREAS, the Board of County Commissioners of Seminole County, Florida, has the authority to establish a Municipal Service Benefit Unit ("MSBU") pursuant to Section 125.01(1)(q),Florida Statutes, and other controlling law; and WHEREAS, pursuant to Section 125.01(1)(q), Florida Statutes, the County is required to obtain the City Commission's consent, by Ordinance, to operate a County MSBU within the incorporated area of a municipality, and this Ordinance, and the above-referenced Interlocal Agreement, are in furtherance of satisfying this statutory requirement; and WHEREAS, there are Little Lake Howell waterfront properties located within the City of Winter Springs and unincorporated Seminole County that will benefit from lake management services and improvements to the lake; 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, the City Commission of the City of Winter Springs enacts this Ordinance to City of Winter Springs Ordinance No.2021-01 Page 1 of 5 3 ensure that the high quality of life available to citizens of the City and the County is protected and maintained; and WHEREAS, the City Commission of the City of Winter Springs finds that it is appropriate and furthers the public good to provide authorization for Seminole County to assess and collect through a uniform method the lake management cost share allocation from Little Lake Howell waterfront parcels within the City limits; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 18 Taxation is hereby amended to add a new Article V, Division 1 as follows: (underlined type indicates additions to the City Code and stfikeOU4 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 18— TAXATION * * * ARTICLE V. —MUNICIPAL SERVICE BENEFIT UNITS DIVISION 1. —LITTLE LAKE HOWELL MUNICIPAL SERVICE BENEFIT UNIT Sec. 18-220. — Approval of Inclusion of Certain Properties in Little Lake Howell MSBU. Pursuant to Ordinance No. 2021-01 ("Ordinance"), the City Commission of the City of Winter Springs, Florida, hereby approves and authorizes the inclusion of Little Lake Howell waterfront parcels within the City limits into Seminole County's Little Lake Howell/Tuskawilla Lake Management Municipal Service Benefit Unit ("Little Lake Howell MSBU") boundaries, said properties more fully described as set forth in Exhibit "A" of the Ordinance. [Exhibit "A" not codified]. The City Commission further authorizes Seminole 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. Sec. 18-221. - Term. This Division shall remain in full effect until otherwise repealed by ordinance adopted by the City Commission. Notice of the proposed repeal of this Division shall be provided in writing to Seminole County in accordance with the provisions of the Interlocal City of Winter Springs Ordinance No.2021-01 Page 2 of 5 4 Agreement for Lake Management of Little Lake Howell/Tuskawilla Lake. Any repeal of this Division shall not be effective until satisfaction or completion of the assessment commitment period associated with financed expenses and expenses incurred or under contract prior to the notice of the intent to terminate or repeal this Division is delivered to Seminole CountL. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of February, 2021. Charles Lacey, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: City of Winter Springs Ordinance No.2021-01 Page 3 of 5 5 Anthony A. Garganese, City Attorney Legal Ad: First Reading: Second Reading: City of Winter Springs Ordinance No.2021-01 Page 4 of 5 6 EXHIBIT A Property within the City of Winter Springs for Inclusion in the Little Lake Howell MSBU Tax Parcel ID Address Current Property Owner 12-21-30-5DV-0000-OOIA 901 Tuskawilla Trail VanArsdale 12-21-30-5DV-0000-0010 911 Tuskawilla Trail Campbell 12-21-30-5DV-0000-0020 921 Tuskawilla Trail Bear 12-21-30-5DV-0000-0030 931 Tuskawilla Trail Hoskins 12-21-30-5DV-0000-0040 941 Tuskawilla Trail Garcia 12-21-30-5DV-0000-0050 951 Tuskawilla Trail Sheehan 12-21-30-5DV-0000-0060 961 Tuskawilla Trail Pigman 12-21-30-507-0000-0010 971 Tuskawilla Trail Bracco City of Winter Springs Ordinance No.2021-01 Page 5 of 5 7 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 day of 2020 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 to provide 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 8 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 this 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 9 (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 ordinance shall be effective for the duration of this Agreement and/or through the assessment commitment 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 Winter Springs Lake Management of Little Lake Howell/Tuskawilla Lake Page 3 of 6 10 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 change, by written notice as provided herein, the 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 By: City Clerk , Mayor Date: Approved as to form and legal sufficiency. City Attorney [Signatures and attestations continued on following page.] Interlocal Agreement between Seminole County and City of Winter Springs Lake Management of Little Lake Howell/Tuskawilla Lake Page 5 of 6 12 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: GRANT MALOY JAY ZEMBOWER, Chairman Clerk to the Board of County Commissioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution by the of Seminole County only. Board of County Commissioners at their 20 regular Approved as to form and meeting. legal sufficiency. County Attorney PHC/org 9/24/20 P:AUsers\Legal Secretary CSB\Fiscal Services\MSBU\Interlocal w Winter Springs-Little Lake Howell-Tuskawilla Lake.doex Interlocal Agreement between Seminole County and City of Winter Springs Lake Management of Little Lake Howell/Tuskawilla Lake Page 6 of 6 13 W RESOURCE MANAGEMENT DEPARTMENT _ SEWA MY MSBU PROGRAM F1,IV M N N A;uRA l:#k* 1 December 31, 2020 SPECIAL NOTE Due to COV1D19 precautions,please check the Seminole County BCC website the day prior to the hearing to confirm format for public participation(onsite and/or virtual). <<OWNER» NOTICE OF PUBLIC <<ADD1»<<ADD2» HEARING: JANUARY 26, 2021 Re: Parcel ID: ((PARCEL)) Property Address: Property Type: Lake/Waterfront Benefit Units: 1 Phase I Capital Assessment: $875.00 (with 5-year repayment plan offered) Phase II Initial Annual Assessment: $445.00 Phase III Capital Assessment: To be adopted at later date (estimated at$5,315.00.) Dear Property Owner: The Petition to Create an MSBU demonstrated sufficient support to proceed to the next step in the process of creating the MSBU. This letter serves as notice that the Board of County Commissioners [BCC] of Seminole County, Florida, intends to hold a public hearing at 1:30 PM or as soon thereafter as possible, at its regular meeting on January 26, 2021, at the Seminole County Services Building, Room 1028, 1101 East First Street, Sanford, Florida 32771, to consider enactment of an ordinance creating the Little Lake Howell/Tuskawilla Lake Management Municipal Services Benefit Unit. The purpose of the proposed MSBU is to provide funding for lake management as a public service on behalf of Little Lake Howell (also known as Tuskawilla Lake). The total assessment total revenue to be generated to cover the cost of these public services is estimated at$42,000 for Phase I; $21,360 for Phase II; and $253,000 for Phase III. The proposed ordinance is posted for review on the MSBU Program website. All affected property owners have a right to appear at the public hearing and/or file written objection with the BCC (via the MSBU Program)within twenty days of this notice. Assessments approved at the public hearing will be included on the 2021 Property Tax bill to be distributed in October 2021. Assessments billed through the property tax bills will be collected by the Seminole County Tax Collector. Failure to pay the assessment when due will cause a tax certificate to be issued against the property,which may lead to loss of title. Follow-up notification will be provided in advance of due dates along with payment options. A 5-year repayment plan is proposed for repayment of the capital assessment. Payments are not accepted or due at this time. If you have any questions, please do not hesitate to contact the MSBU Program. vS�iincerrely, / &f4ad 1i44" Michael Eason Jr MSBU Project Coordinator II ***If your property is available for sale prior to this public hearing, the pending status of this MSBU creation process should be disclosed as a matter of standard disclosure.*** 1101 EAST 11T STREET • SANFORD FL 32771 • 407.665.7178 • MSBUPROGRAM@SEMINOLECOUNTYFL.GOV WWW.SEMINOLE000NTYFL.GOV/MSBU 14 NOTICE NOTICE is hereby given that the Board of County Commissioners of Seminole County, Florida, intends to hold a public hearing to consider the enactment of an ordinance entitled: AN ORDINANCE CREATING THE LITTLE LAKE HOWELL/TUSKAWILLA LAKE MANAGEMENT MUNICIPAL SERVICES BENEFIT UNIT (MSBU) FOR THE PURPOSE OF PROVIDING LAKE MANAGEMENT TO THE LAKE AREAS WITHIN THE MSBU; PROVIDING IDENTIFICATION OF PROPERTY INCLUDED IN SAID UNIT; PROVIDING FOR THE GOVERNING OF SAID MSBU BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING HE ASSESSMENT FORMULA; PROVIDING A LIST OF PRELIMINARY CAPITAL IMPROVEMENT ASSESSMENTS AND PROVIDING FOR A METHOD OF ESTABLISHING FINAL CAPITAL ASSESSMENT; PROVIDING ANNUAL VARIABLE RATE ASSESSMENT AND INITIAL ASSESSMENT ROLL FOR ASSESSMENT AND COLLECTION BY THE UNIFORM METHOD ADOPTED BY THE SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 24,2009, PURSUANT TO SECTION 197.3632, FLORIDA STATUTES; PROVIDING FOR CODIFICATION IN THE SEMINOLE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. at 1:30 p.m. or as soon thereafter as possible, at its regular meeting on January 26, 2021,at the Seminole County Services Building, 1101 East First Street, Board of County Commissioners Chambers, Sanford, Florida. Adoption of the proposed ordinance includes identification of the assessment boundary, establishing one benefit unit per assessable waterfront property, establishing a preliminary capital assessment of$875.00 per benefit unit with provisions for a 5-year repayment period for funding initial restoration services, establishing an annual variable rate assessment with an initial assessment of$445.00 per benefit for ongoing services, and documenting community support and intentions for adopting a future capital assessment for funding nutrient abatement services after ongoing services have been implemented. Authorized assessments will be collected by the Tax Collector beginning with tax year 2021. The proposed ordinance may be reviewed on the Internet at: http://cdn.seminolecountyfl.gov/departments-services/resource- management/municipal-service-benefit-unit-msbu-pr/msbu-applications-in-process.stml. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance, may participate remotely by registering in advance at Webinar Registration, or may participate by telephone by calling (407) 665-0808. All affected property owners have the right to file written objections to the MSBU Program within 20 days of the publication of the notice. Persons are advised that,if they decide to appeal any decision made at this hearing, they will need a record of the proceedings, and, for such purpose, they may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. For additional information regarding this notice contact the MSBU Program, (407) 665-7164. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Human Resources Division ADA Coordinator 48 hours in advance of the meeting at 407-665-7941. SEMINOLE COUNTY FLORIDA Publish January 3, 2021 15