Up In Arms

A  memorandum dated April 14, 2009 from Marlene R. Everitt, Assistant County Attorney, provided a legal opinion that answered the following question:

“In order to reduce the paving costs to the property owners fronting on all unpaved roads in the Community, can the cost of paving be divided among and assessed to all 425 lots within the Community?”

The brief answer is:

“No under the facts presented, the costs of the paving must be assessed to properties that will benefit from the paving and cannot be divided among and assessed to those properties that do not front on the roads to be paved.”

The opinion can be read in full here:  Ranchettes Paving Legal Opinion

Rural Palm Beach County residents to get a say in road paving
By JENNIFER SORENTRUE

Palm Beach Post Staff Writer

Tuesday, April 07, 2009

WEST PALM BEACH — Palm Beach County traffic engineers will ask all 425 homeowners in the Palm Beach Ranchettes community whether they want to pay to pave the rest of the neighborhood’s dirt roads.

Several streets in the rural neighborhood west of Florida’s Turnpike and north of Lake Worth Road have already been paved.
Some residents on the remaining dirt roads say they want the county to pave their streets, too.

The commission was to consider today whether to move forward with the paving of sections of four streets in the neighborhood, but after hearing from more than a dozen residents the board voted to ask the entire community whether people want all their streets paved.

Under the plan, the community would pay the entire expense of the paving project, which County Engineer George Webb estimated could cost as much as $5 million.

Residents living on unpaved streets would each be assessed $7,500 for the project. That money would be applied to the price tag. The remaining cost would be divided among all 425 homeowners equally.

Those living along the community’s paved streets have already been assessed $7,500 for the roadwork in front of their homes.

And all of the community’s residents have paid to bring county water and sewer lines to the neighborhood.

In order for the paving project to move forward, 51 percent of the homeowners must sign off on the assessment.

http://www.palmbeachpost.com/search/content/local_news/epaper/2009/04/07/0407roads.html

5 C.        ENGINEERING & PUBLIC WORKS

1.         Staff requests Board direction: regarding potential road paving projects in the Palm Beach Ranchettes, particularly Fargo Avenue, Pancho/El Paso and Arrowhead Drive. SUMMARY:  The Board has heard from one (1) resident, Mr. Schaller, previously relating to the paving of Fargo Avenue.  If the Board wishes to proceed with the project, a funding source and who should be assessed for the project must be addressed.  Mr. Schaller has never specifically discussed with the Board who should pay for the improvement to Fargo, but it is staff’s understanding that he would like the Board to assess 100% of the project cost to 180 properties (of the 450 in the Ranchettes) and not just assess the 12 properties that access Fargo.  The majority of the 14 residents along Pancho and El Paso also want the Board to find money to pay for their ½ mile of road paving – and they would prefer to limit their contributions to the amount most recently assessed in the neighborhood.  They have expressed frustration that the County might fund Fargo ahead of their roads since they had a standard County accepted petition since 2004, while Fargo has never produced a County petition.  The residents along a one mile section of Arrowhead have recently also expressed interest for the County to pave their road.  Staff believes that approximately $2 million would be required for these three projects.  However, the MSTU program monies are already fully committed over the next 3-4 years and there are not sufficient funds to add any new projects to the program.  The ten (10) projects in the MSTU program are expected to occur over the next few years as money becomes available to fund them.  Staff strongly recommends that if additional funds are provided to the program that the existing projects be advanced and any new projects such as these in the Ranchettes would move to the back of the program. Countywide (MRE)

http://www.pbcgov.com/publicaffairs/video/2009/04-07-09bcc_am.ram

Discussion starts at 125:15

Matters by the Publc

http://www.pbcgov.com/publicaffairs/video/2009/03-17-09bcc_pm.ram

Discusion starts at 21:00

.G.

 A)                                                                                                                 ORD 2008-063

 ADOPTED: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida amending Palm Beach County Code Chapter 26, Article II,  known as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance (Ordinance 94-11 as amended); amending Section 26-17, creation and purpose; amending Section 26-18, governing body of municipal service taxing units; amending Section 26-19, powers; amending Section 26-20, funding; amending Section 26-21, budget adoption; amending Section 26-22, trust funds; amending Section 26-23, improvements; amending Section 26-24, special assessments; amending Section 26-29, percentage of costs, further procedures; providing for savings clause; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; providing for effective date; and

 B)

 APPROVED: authorizing the Office of Financial Management and Budget to administratively combine the original six (6) funds into one (1) fund.

 SUMMARY: On December 2, 2008, the Board of County Commissioners held its preliminary reading of this Ordinance. The Ordinance will amend Chapter 26, Article II, known as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance  (Ordinance 94-11 as amended) to merge the original six (6) MSTU into a single unit and to allow for assessments and collections of 100% of the costs of road improvements. Countywide (MRE) (P.O.P. 3645704)

MOTION to adopt the ordinance and to approve the authorization. Motion by Commissioner Marcus, and seconded by Commissioner Greene.

http://www.pbcgov.com/publicaffairs/video/2008/12-16-08_bcc.ram

Discussion starts at

6.D.                 ENGINEERING & PUBLIC WORKS 

6.D.1.

 APPROVED: on preliminary reading and advertise for Public Hearing on December 16, 2008 at 9:30 a.m., an Ordinance amending Palm Beach County Code Chapter 26, Article II,  known as the Municipal Service Taxing Unit (MSTU) Special Assessment Ordinance  (Ordinance 94-11 as amended);  amending Section 26-17, creation and purpose; amending Section 26-18, governing body of municipal service taxing unit; amending Section 26-19, powers; amending Section 26-20, funding; amending Section 26-21, budget adoption; amending Section 26-22, trust funds; amending Section 26-23, improvements; amending Section 26-24, special assessments; amending Section 26-29, percentage of costs, further procedures; providing for savings clause; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for captions; providing for effective date. SUMMARY: The proposed Ordinance will amend Chapter 26, Article II, known as the Municipal Service Taxing Unit(MSTU) Special Assessment Ordinance (Ordinance 94-11 as amended) to merge the original six(6) MSTU into a single unit and to allow for assessments and collections of 100% of the costs of road improvements. Countywide (MRE)

http://www.pbcgov.com/publicaffairs/video/2008/12-02-08_bcc_am.ram 

Discussion starts at 2:40

5. PUBLIC HEARINGS - 9:30 A.M. CONTINUED

County Engineer George Webb said that approval of a newly revised MSTU list was necessary because several neighborhoods requested removal from the list and other neighborhoods indicated interest in being added to the list.

http://www.pbcgov.com/publicaffairs/video/2008/07-22-08_bcc.ram

Discussion starts at 1:46:50 to 1:55:31

8.H.

 DISCUSSED: Palm Beach Ranchettes.

 Andrew Schaller asked the board to petition the property owners along Fargo Avenue in the Palm Beach Ranchettes community for paving of this street at this time.

 County Engineer George Webb stated that based on the rise in construction prices and amendments to the County’s comprehensive plan, the policy was to not accept any new petitions at this time. The County was working on completing projects already in the petitioning process.

http://www.pbcgov.com/publicaffairs/video/2008/06-03-08_bcc_pm.ram 

 Discussion starts at 33:50 to 43:50