CC 06/23/2014 Minutes (Workshop)

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CASSELBERRY CITY COMMISSION Minutes of June 23, 2014 —Workshop Page 2 of 3 assist with the work on the street light assessment study. He explained that staff had met with Burton & Associates and had provided financial and other data which the firm needed to conduct the study. He then introduced Mr. John Burton, who gave a presentation detailing the results of the preliminary study. Mr. Burton explained that the objective of the study was to evaluate the current street lighting assessment program and make recommendations regarding exempt property classes, the commercial corridor, and to update the assessment roll based upon the referenced recommendations. He stated that his firm had reviewed all the data and information with City staff in several interactive review sessions and had reviewed the methodology with Mr. Chris Roe of Bryant, Miller & Olive to ensure the recommended adjustments to the program were in compliance with legal standards established by state statutes and Florida case law. He advised that items still needing to be completed were: • Burton & Associates to prepare a report of the results of the study; • Bryant, Miller & Olive to prepare a preliminary and final resolution for adoption; • Burton & Associates to prepare the Assessment Roll; • City to accomplish a first class mailing of a Notice of Hearing to all parcel owners; • City to conduct a public hearing for adoption of the Final Resolution and the updated Assessment Roll. Mr. Burton further advised that there was a two-pronged test for a legal non -ad valorem assessment, which was that the property assessed must derive a special benefit from the service provided, and that the assessment must be fairly and reasonably apportioned among the properties that receive the special benefit. He noted that the proposed assessment program complied with both prongs of this two-pronged test. He concluded with detailing the recommended adjustments to the program as follows: Currently multi -family parcels are exempt from the assessment: Recormnendation is to eliminate this exemption because the lighting funded by the parcel owner within the parcel is not on a platted right-of-way and provides lighting internal to the parcel much like the lighting in the parking lot of a big box store, which is not exempt Currently there is a differential assessment rate for parcels in a Commercial Corridor: The current differential is very small and is based upon the fact that the City receives payments from FDOT for a portion of the lighting expense in this corridor. Recommendation is to eliminate this differential because non ad valorem assessment must be apportioned based upon benefit, and the benefit conferred on parcels from the level of service for street lighting in the Commercial Corridor is substantially the same as the benefit conferred on parcels throughout the City. Mr. Burton then briefly gave examples of how the recommended adjustments would affect the assessment amount for various types of parcels, noting that most of the assessments now in place would decrease and the assessments for the multi -family communities which would be added would be minimal. A copy of the PowerPoint presentation is attached to and made a part of these minutes. Mr. Newlon clarified that the proposed adjustments would both shift the burden of the street light assessment more equally between the different classes of the community, and provide additional funding to cover the cost of the street lighting program.