In a message dated 3/26/2007 6:16:02 P.M. in an email Eklectika writes:
Good Evening Maitland !
I'm very pleased to share that Mr.Bob Reese has made good on his promise to add clear point by point information - in the form of fact versus fiction- to his web site (see below) that refutes what he claims are misleading and blatant inaccuracies stated in the advertisement placed in the Orlando Sentinel this past March 11, 2007. I applaud Mr. Reese's efforts to state the facts and to openly share his truth concerning the controversial issues surrounding his Town Center developmental plan for our city.
According to the web site the Bob Reese / Brossier Co. Tuesday, 7pm meetings will continue, so I hope to see you tomorrow night.
Concerning the funding for The Brossier Company's planned Town Center for our Maitland, I encourage you to educate yourself about CDD's, Community Development Districts. What are they ? How do they function ? Who's in charge ? How are they formed ? What do they mean to you and me...the current taxpayer ? Who pays the assessments ? How long do they last ? Read over this information for yourself (see links and articles below) in order to understand Mr. Reese's statement of, "Brossier, will Self-Fund through the use of Community Development District (CDD) Bonds. This will Finance the Project. Meaning, that Maitland Residents are Protected from being Taxed to Pay for the Development."
To the many, many of you who have written to me sharing your views and making suggestions as to how to stay better informed and get ourselves educated - I sincerely thank you for helping me to help *us* stay connected and enlightened. To those of you who have written to pat me on the back for what I'm doing - I am humbled by your kind words of appreciation and encouraged by your gratitude. It truly is my pleasure to be of some assistance to you all, my neighbors.
"The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn. ~ Alvin Toffler
I pledge to myself to continue to learn, unlearn and relearn...and I encourage you to do likewise !
Ann Lanier245 W. George Ave.Maitland, FL 32751(407) 622-1165 home
NOTE: The following has been edited from original text but does not change or alter content
===============================
Okay, everyone...I fully realize there is a lot here to read and go over so do not let it overwhelm you. Take it and chew it a piece at a time, devour it all at once or anything in between - just do it at YOUR comfort level. Use this list (and any of the emails I send, for that matter) as a cafeteria type springboard - by choosing something to use when and how it fit's your ability and need to serve yourself and your community. ~ Ann Lanier
THINGS TO DO:
1.) Educate yourself, your neighbors and/or your Home Owners Associations:
Bob Reese / Brossier Co. Web Site - http://www.brossier.us/FactFiction/FactFiction.htm
Florida Dept. of Community Affairs - www.floridaspecialdistricts.org
Florida Special Districts Handbook - http://www.floridaspecialdistricts.org/documents/SpecialDistrictHandbook.pdf
CDD article, Ezine - http://ezinearticles.com/?Understanding-Floridas-Community-Development-Districts&id=465727
CDD document, Goldstein - http://www.newtownlaw.com/pdfs/CDD&TaxExempts.pdf
Citizens for a Better Maitland (Bob Reese's Power Point Presentation) - http://www.maitlandsfuture.com/
The Trevi Web Site - http://www.thetrevi.com/
The Residences at Rivinia Web Site - http://www.maitlanduptownwest.com/
The Village at Lake Lily by The Morgan Group Web Site - http://www.morgangroup.com/florida.html
2.) Send emails to our Maitland Mayor, Vice-Mayor, Councilmen and Councilwomen:
Introduction and email addresses - http://www.itsmymaitland.com/city_council.asp
***NOTE: Bev Reponen is not listed because she will not be sworn into office until April 23, 2007 . ~ Ann
3.) Attend all Maitland development type meetings:
City of Maitland, City Council Meetings - http://www.itsmymaitland.com/agenda-citycouncil.aspx?a=viewPost&PostID=2766
Maitland's Hopeful Developer, Bob Reese, Every Tuesday - http://www.brossier.us/calendar/calendar.htm
Maitland United, Workshops To Be Announced - http://maitlandunited.com/hold-a.htm
4.) Write commentary articles/editorial opinions and post them on community Blogs or send to various newspapers:
5.) Share with me what you are doing so I can get the word out !
6.) Be open, optimistic, a good listener and continue to....learn, unlearn and relearn !
===============================
***NOTE:In the quest to educate myself, I have come upon several different web sites that yielded the following articles and so now I share them for your edification. ~ Ann
Understanding Florida's Community Development Districts
Amid concerns over Florida's population growth and over the quality of services and infrastructure supplied to residents, Community Development Districts are becoming popular in Tampa and other regions of Florida as a means of increasing levels of service for residents quickly and cost-effectively. CDD's provide funds not only to maintain communities, but also to direct and finance their growth.
Because there is increased pressure for developers to provide basic infrastructure and services to new communities, many developers in Tampa and Florida in general are beginning to use Master Planned Communities and CDD's as a way of developing cost-effective communities that are both attractive and pleasant to live in and offer a variety of amenities to their residents, such as recreation areas and public parks. The extra cost of building such amenities is recovered by the developer by instituting a CDD tax which is typically payable for a pre-determined amount of time. This effectively allows those who choose to pay the extra tax the opportunity to live in an attractive community with a range of well-maintained amenities.
CDD taxes can consist of both a bond portion and working capital portion. The bond portion is typically payable for a pre-determined amount of time (up to twenty years). This bond is usually divided between all the homeowners in the community and the individual homeowner can pay off their portion of the bond in full at any time if they choose to. In most, if not all, cases there is no penalty for early payment.
The second portion of the CDD (if applicable) provides working capital to maintain the amenities and common areas. This working capital provides long-term assurance that the community's amenities and infrastructure will be maintained after the developer has ceased their involvement in the community. However, not all CDD's handle maintenance via payment of CDD fees. In some communities, maintenance costs are covered by Homeowner's Association Fees, which are payable each year based on the budget of the community. These annual fees tend to vary based on the amenities available within the community, and also depending on the contracts negotiated with service providers in any given year. Note that these taxes and fees are tied to the property, not the owner of the property--if a resident leaves the community, the fees are payable by the new owner. Additionally, the length of time that the bond portion is payable does not change when the property changes hands. If you purchase a property in a ten-year-old CDD in which bond is payable for twenty years, then you are subject to paying that bond for the remaining ten years.
CDD's provide a number of benefits to their residents. First, of course, those who live in these communities have access to a number of conveniently located amenities which may include tennis courts, swimming pools, recreation areas, public parks and pathways. Additionally, these services and amenities are consistently well-maintained. Many CDD's also provide their residents with the ability to choose a Board of Supervisors who is responsible for determining the type and quality of amenities that will be maintained in the area--this means that the community itself determines how the community is maintained and the direction of its growth.
CDD's also offer more benefits in comparison to similar organizations such as standard Homeowner's Associations. CDD's have a much more extensive range of power and abilities. Unlike a Homeowner's Association, a CDD has the power to make decisions on the nature of improvements and amenities in the area, as well as the power to finance those improvements. For example, with government approval, CDD's are able to make decisions regarding provision of schools, waste management, pest control, and water management, as well as streetlights, roads, and bridges.
CDD's and their associated taxes are planned and executed independently of local and federal government; however they are established with government approval. CDD's can be thought of as a special-purpose government unit--public board meetings are scheduled with notice given to all residents, and CDD records are subject to public scrutiny. Additionally, CDD supervisors are subject to financial disclosure in the same way that other local officials are. Once created, CDD's can effectively govern themselves in many respects--they can become self-sufficient in terms of providing both essential and non-essential amenities and services. Furthermore, they can continue to do so long after the original developer has ceased their involvement with the community.
There are more than 250 CDD's in Florida, many of them located in the Tampa area. If you are considering relocating to Tampa, or would simply like to move to a new home in the Tampa area, a CDD is certainly an attractive option. While it's true that there is an extra expense involved in living in such a community, there are also many significant advantages. Residents benefit from living in an attractive area with access to a variety of recreational amenities, and homes located within CDD's typically achieve increased value compared to similar properties that are not located within CDD's. Note that depending on the amenities offered within a community, the amount of CDD tax that applies will vary.
===============================
*** NOTE: Because I chose to shorten their length within this emailing, the following two reports are excerpts and not shown in their entirety, therefore I highly recommend that you visit the referenced web sites in order to view all commentary. ~ Ann
Beyond the Homeowners Association
October 30, 2003
By Doris S. Goldstein, Attorney - Jacksonville, Florida
In a growing number of communities, the roles previously filled by a homeownersassociation (“HOA”) are being separated into their component parts and handed off toother entities. Part of this trend is related to the movement toward communities thatintegrate both commercial and residential uses, as homeowners’ associations, which areregulated under Chapter 720, Florida Statutes, are not suited for the complex needs ofmixed-use communities. In other cases, the other entities offer financial benefits to thedeveloper that an HOA cannot. And in some instances, the intentions, at least in part, arephilanthropic, motivated by a desire to add another dimension to the community.
Although these different entities are likely to be found mostly in larger plannedcommunities, they may be used in projects smaller than 100 acres, particularly NewUrbanist projects, which are high-density, mixed-use developments.
This article is not a scholarly essay with lots of footnotes, nor is it a complete “how to”manual. Each of these types of entities has inspired specialized legal practices andvolumes of esoteric documentation. Furthermore, this area of the law is evolving andlittle case law is available. For that reason, this article is based in large part on interviewswith developers and legal or tax practitioners. My intent is to give real estate attorneyssome familiarity with these entities and how and why they might be used in a real estatedevelopment.
CDD Definition. A Community Development District, or CDD, is an independent local unit of specialpurpose government created under Chapter 190, Florida Statutes, enacted in 1980. CDD'ssmaller than 1,000 acres are formed by an ordinance adopted by the county commission.Larger districts are formed by petition to the Florida Land and Water AdjudicatoryCommission. Once formed, a CDD can issue tax-exempt bonds to pay for infrastructure,such as roads, water and sewer and storm-water management, parks and recreationalfacilities. The tax-free bonds carry an interest rate that is generally below non-tax-exemptmarket rates. To repay such bonds and its ongoing expenses, the CDD levies assessments,which are enforceable in the same manner as county taxes. A CDD does not have thepower to adopt a comprehensive plan, building code or land development code.
Number is Growing. The number of Community Development Districts has beengrowing exponentially: When the Orlando Sentinel did an award-winning investigatoryseries on CDD's in October 2000, there were only 116. As of the end of September 2003,the number had grown to 213, according to the Florida Department of CommunityAffairs website at www.floridaspecialdistricts.org. (Two were added during the time thisauthor conducted research for this article.) The districts are scattered throughout the state.Hillsborough County has by far the most, and Collier, Lee, Manatee, Osceola, Pasco andSt. Lucie counties have a disproportionate number relative to their population.
Period of Developer Control. The developer controls the CDD for at least the first sixyears of its life and sometimes longer. During the first six years, voting is by landownersaccording to acreage—one vote for each acre or fraction of an acre owned in the district.For districts up to 5,000 acres in size, all registered voters within the district get an equalvote starting in the sixth year—but only if there are at least 250 such voters. If there arenot 250 registered voters within the district at six years, the voting by acreage continuesuntil there are 250 voters. §190.006.
How CDD's Assess. CDD's raise money by assessments, which appear on thehomebuyer’s regular county tax bill. The assessments levied by most CDD's are non-advalorem assessments—that is, the assessments are not based on the assessed value of theproperty, but rather are, in the language of the statute, “apportioned in proportion to thebenefit received by each tract of land.” It is up to each CDD, with the help of itseconomic advisor, to determine how to divide the assessments among the various types ofproperty within a community. The statute permits both ad valorem and non-ad valoremassessments, but most CDD's use non-ad valorem assessments, perhaps because boardselected by acreage may assess only non-ad valorem assessments. §190.021.
CDD's can make two different types of non-ad valorem assessments: benefit specialassessments to reimburse the bondholders for capital improvements, and maintenancespecial assessments for the CDD’s operating costs. Sometimes the developer will pay offall or part of the benefit special assessment when selling a lot to a homebuyer. If not, thehomebuyer is left with the responsibility of paying off the benefit special assessment forthe original infrastructure improvements, which is a lien on the property. A CDD canimpose new benefit special assessments if it makes more improvements. Maintenancespecial assessments for the CDD’s ongoing expenses are billed annually. §190.021.
http://www.newtownlaw.com/pdfs/CDD&TaxExempts.pdf
Density and Intensity - The Future of Maitland’s Town Center
Mark K. Reedy
November 30, 2006
Prepared for Maitland City Council Maitland, Florida
Central Florida is becoming one of the fastest growing areas in the country. With theregional population expected to double by at least 2050 and perhaps by as early as 2030,a decision not to grow is no longer viable. The question, rather, is how to contain,channel and direct the growth that will inevitably occur. These are issues on whichcitizen input is vital. Community leaders are left with many tough questions particularlythe smaller communities within the Greater Metropolitan Area. How can a communityembrace its growth, yet maintain the small-town character that attracted its residents inthe first place?
Maitland: Small Town bursting at the Seams
Maitland is a residential area known for its quaint communities, reasonable taxes, andgood schools. It is known as a safe and quiet place to raise a family. The area has beenestablished for over a hundred years and land has more than doubled in value in the lastdecade. Because of its desirable location and amenities, the city of Maitland has grownfrom 12,019 in 2000 to 16,476 in 2005, an increase of 40% in 5 short years (Pedicini),making it one of the fastest growing areas in the United States.
Maitland’s Downtown Business District: Outdated, Congested, and Ugly
Founded in 1885, Maitland’s 6.37 square miles serves as a residential suburb within thismetropolitan area. Within Maitland, the Orlando Avenue corridor (17-92 and Horatio) isapproximately two miles in length and incorporates approximately 200 acres of property.The majority of the corridor was developed in the 1950s and 1960s. It represents a typical‘Strip Center’ design; asphalt parking lots, and single-story, flat-roofed buildings. Thelack of infrastructure, including roadway improvements, retention areas, water, and sewerlines offer limited redevelopment opportunities. The current businesses cater toautomobile traffic only, as pedestrian traffic is impossible due to the congestion ofHoratio and 17-92 and it’s pedestrian unfriendly design. In fact, the Horatio/17-92intersection is one of the most congested intersections in Orange County earning an “F”from the Department of Transportation (itsourmaitland.com).
http://www.maitlandsfuture.com/facts/Horatio-Maitland-Interlocal-Agreement.pdf
===============================
*** NOTE: Through researching I was able to locate the following article mentioned by Bob Reese at his last Tuesday's Open Forum Meeting ~ Ann
National Geographic's, Orlando Beyond Disney
March 2007
By T. D. Allman
Walt Disney's utopian dream forever changed Orlando, Florida, and laid the blueprint for the new American metropolis.
Everything happening to America today is happening here, and it's far removed from the cookie-cutter suburbanization of life a generation ago. The Orlando region has become Exhibit A for the ascendant power of our cities' exurbs: blobby coalescences of look-alike, overnight, amoeba-like concentrations of population far from city centers. These huge, sprawling communities are where more and more Americans choose to be, the place where job growth is fastest, home building is briskest, and malls and megachurches are multiplying as newcomers keep on coming. Who are all these people? They're you, they're me, and increasingly, they are nothing like the blue-eyed "Dick and Jane" of mythical suburban America. Orlando's explosion is visible in every shopping mall and traffic jam. You can also see it from outer space. When Earth satellites were first launched, Florida photographed at night looked like two l's standing side by side: One long string of lights ran down the Atlantic side of the peninsula; another ran along the Gulf of Mexico side. In between was darkness. Today the two parallel l's have become a lopsided H. Central Florida glows as though a phosphorescent creature from outer space has landed there and started reproducing. It gobbles up existing communities even as it transforms scrub and swamp into a characterless conurbation of congested freeways and parking lots. All of this is "Orlando," the brand name for this region of two million residents....continued
http://www7.nationalgeographic.com/ngm/0703/feature4/
No comments:
Post a Comment