notice of intent to enact an ordinance

6/18/2019

notice of intent to enact an ordinance

When: Tuesday, June 18, 2019
9:30 AM


Where:

County Commissioners’ Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida 33901

TO WHOM IT MAY CONCERN:

Notice is hereby given that the Board of County Commissioners of Lee County, Florida, will consider the enactment of one County ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapters 125 and 190, Florida Statutes. The proposed County ordinance title is as follows:

AN ORDINANCE CONSENTING TO AND AUTHORIZING THE MODIFICATION OF BOUNDARIES OF THE WILDBLUE COMMUNITY DEVELOPMENT DISTRICT AS SET FORTH IN FLORIDA STATUTES §190.046; PROVIDING FOR ORDINANCE AUTHORITY; AUTHORIZATION TO MODIFY BOUNDARIES; STATUTORY PROVISIONS GOVERNING THE DISTRICT; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. 

There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida. The public hearing will be held on Tuesday, June 18, 2019, at 9:30 a.m., or as soon thereafter as it can be heard. 

The purpose of this hearing is to consider a petition filed by the WildBlue Community Development District (District) on February 15, 2019, to amend the District's boundary in accordance with Ch. 190, Florida Statutes. Specifically, the Board will consider the six factors listed in §190.005(1)(e), Florida Statutes. This hearing will also afford the District, affected units of local government, and the general public a fair and adequate opportunity to appear and present oral and written comments regarding the amendment of the District.

The specific legal authority for the amendment of the District is set forth in §§190.046 and 190.005, Florida Statutes.

District is located in unincorporated Lee County, Florida and is bounded on the north and west by Alico Road, the south by Corkscrew Road, and the east by Ben Hill Griffin Parkway and comprises approximately 1,563.17 contiguous acres. The District seeks to remove approximately 9.81 acres and add approximately 798.72 acres for a total amount of approximately 2,352.08 acres within the amended District. The boundaries of the District, as amended, are outlined in the map depicted in this notice. There is no real property within the boundaries of the amended District that will be excluded from the District.

If adopted, the ordinance will amend County Ordinance 17-17 which established the District.  The information set forth below, as provided by the District, deals only with the factors to be considered in amending the District.

An independent Statement of Estimated Regulatory Costs (SERC) prepared by Wrathell, Hunt and Associates, LLC determined that the categories of persons that may be affected by the economic consequences of the proposed District's amendment are: the State of Florida and its citizens, Lee County and its citizens, the petitioner, and present and future owners of property within the areas to be serviced by the District.  The SERC anticipates the costs and benefits derived from the District's amendment and operation and describes the costs and benefits in detail.  A brief description of the costs and benefits are as follows:

1.         To the State of Florida and Its Citizens.  There will be no more than minimal administrative costs and the amended District will not require subsidies from the State or its citizens. The District, as amended, will pay all costs of capital construction and maintenance for District-owned infrastructure. Amendment of the District will benefit the State and its citizens by creating a mechanism to provide for a substantial investment in roads, drainage, and water and wastewater systems to satisfy level-of-service concurrency requirements. The amended District will assure the placement of major infrastructure consistent and concurrent with approved development. The District, as amended, will provide effective monitoring and enforcement of development. Additionally, the amended District will provide an improved level of development coordination and planning, as well as future maintenance of the infrastructure necessary to support the development.

2.         Lee County and Its Citizens.  All County costs of reviewing the petition will be absorbed by the $15,000.00 filing fee paid by the District. The benefits to Lee County and its citizens from the amendment of the District will be as follows: (a) Amendment of the District ensures that the cost of providing additional infrastructure to serve the development will be borne by those receiving the benefit of the additional services; (b) Operating and maintenance costs of the development and its infrastructure will be the obligation of those actually receiving the benefits of these services and not Lee County; (c) The District, as amended, will be responsible for the cost, management and administrative burdens associated with providing and funding the infrastructure improvements, facilities, services and maintenance for development within the District; (d) The amended District will accommodate a net increase in the County's population, but will not increase the demand for infrastructure and facilities outside the District; and (e) The amended District will contract with the Lee County Tax Collector to collect its taxes and non ad valorem assessments. The cost for this service will be defrayed through the fees charged by the Tax Collector. These costs will be borne by the landowners of the amended District.

3.         Current Property Owners.  The developers, as the initial landowners, will incur substantial costs if the amended District is approved. These costs can be grouped into five categories that include: (a) planning and petitioning for the amended District; (b) contributions of management and technical assistance; (c) district taxes and special assessments; (d) provision of required rights-of-way and easements; and, (e) landowners participation in the governmental process. Over the life of the project, District landowners may pay District taxes and assessments to cover debt service and general operating expenditures. As the major initial landowners in the District, the developers will pay the largest share of the District taxes and assessments. The developer will provide the majority of the rights-of-way and easements. Additional costs to District landowners will stem from the loss of legal control and project management over the District's infrastructure. This is due to the Florida law requirement that all District decisions be made in open public meetings by a governing body subject to removal for malfeasance, nonfeasance, and misfeasance. The economic benefit to the current property owner is derived from more efficient cost management of the District's infrastructure and from sustained delivery of quality service. In addition, the District provides access to otherwise unavailable tax exempt financing for infrastructure development.

4.         Future Property Owners.  District landowners within the amended District will be required to pay District taxes and assessments in addition to County and other taxes and assessments as a result of the amendment of the District.  District taxes and assessments do not affect or offset County or school board taxes and do not count against the County's millage cap. Amendment of the District increases the future likelihood of high quality and well-maintained infrastructure in the amendment area and may serve to enhance property values. Future owners may receive higher levels of services and amenities, if provided by the amended District. Control by a Community Development District, though subject to the Lee County Comprehensive Land Use Plan and land development regulations, allows District landowners some ability to determine the type, quality, and expense of District facilities and services.

5.         Effect on Competition and the Open Market for Employment.  Amendment of the District will have an effect on competition in the housing market for residential real estate in Lee County. No unique competitive advantage will be conferred on the amended District because similar developments have an equal opportunity to establish a district under State law. Once amended, the District may have a nominal positive impact on the open market for employment related to the provision of public infrastructure because District construction contracts must be publicly bid, and contractors, including small and minority businesses, will have timely access and opportunities for employment.

6.         Impact on Small Businesses.  Amending the District will not adversely affect small business firms.  A district must operate in accord with Florida "Sunshine Law" and use a competitive bid process to obtain certain goods and services.  The amended District must follow the consultant's Competitive Negotiation Act when awarding contracts for services.  Accordingly, small businesses may be better able to compete for business in the WildBlue Community Development.

7.         Probable Costs and Benefits of Not Adopting the Rule.  If the District is not amended, the developers would have to obtain other management and delivery tools and related financing for the amendment area. Long-term fixed financing may not be available in the amounts needed or on the terms available from most lending institutions. Assuming alternate financing is available, the interest cost may be significantly higher than the interest rate on district bonds. Amending the District provides the District with a special governmental entity to assure that the community and its facilities are operated and maintained at the very highest levels.  Without the amended District, the developers would have to utilize the homeowner association for this purpose, which does not have the enhanced ability of collecting assessments through the Tax Collector.

8.         Determination of Less Costly, Less Intrusive Methods.  The SERC identifies alternate methods to achieve the same purpose as the amended District and determines whether those methods are less costly or less intrusive than amendment of the District.  The assessment concludes the alternatives are inferior.

9.         Reasonable Alternative.  The assessment describes reasonable alternatives to achieve the purpose such as: (a) MSTU/MSBU; (b) Dependent District; (c) County Government; (d) Special Act Independent District under Chapter 189; (e) the Developer; and, (f) Homeowner Association.  The assessment concludes that these alternatives are less suitable for reasons explained more fully in the SERC prepared by Wrathell, Hunt and Associates, LLC.

10.       Detailed Methodology.  A detailed statement of methodology is in the SERC prepared by Wrathell, Hunt and Associates, LLC.

Copies of this Notice, the proposed Ordinance, and the WildBlue Community Development District Petition and its documentation are on file in the Minutes Office of the Clerk of the Circuit Court of Lee County.  The public may inspect or copy the Ordinance and Petition during regular business hours at the Department of Community Development or the Minutes Office.  The Minutes Office is located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida.  The Department of Community Development is located at 1500 Monroe Street, Fort Myers, Florida. 

The ordinance, if adopted by the Board at this meeting, will take effect upon its filing with the Office of the Secretary of the Florida Department of State.

This meeting is open to the public. Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or ADArequests@leegov.com, at least five business days in advance. 

Please govern yourself accordingly.  

Map for Boundary Amendment.PDF

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