Title
Transportation Department recommending the Chairman be authorized to sign Funding Agreement 07-1412 with Marlon Ginney in the amount of $1,750 for a term through June 30, 2008 to provide funding for the Creekside Drive Road Zone of Benefit 98127; and recommending Budget Transfer 27265 increasing revenue and expenditures for same. (4/5 vote required)
RECOMMENDED ACTION: Approve.
FUNDING: Donations from Mr. Marlon Ginney.
Body
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BUDGET SUMMARY: |
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Total Estimated Cost |
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$ 1,750.00 |
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Funding |
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Budgeted |
$ |
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New Funding |
$ 874.00 |
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Savings |
$ |
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Other * |
$ 876.00 |
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Total Funding Available |
$1,750.00 |
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Change To Net County Cost |
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$ 0.00 |
* FY 07-08 Proposed Budget
Fiscal Impact/Change to Net County Cost:
It is anticipated that the amount of $1,750.00 received under this Funding Agreement will be adequate to cover the actual and estimated costs associated with the Creekside Drive Road Zone of Benefit #98127 for FY 06-07 and FY 2007/2008. The attached budget transfer increases appropriations by $874 in inter-fund expenditures to cover Zone of Benefit administration costs for FY 2006/2007. The FY 2007/2008 Proposed Budget includes the $876. There is no Net County Cost.
Background:
Your Board formed the Creekside Drive Zone of Benefit #98127 on December 17, 1985 by Resolution 378-85 for the purpose of providing road improvement and maintenance services on the section of Creekside Drive from the intersection with French Creek Road to the intersection with Creekside Court, and on Creekside Court from the intersection with Creekside Drive to the end, a total of 1,700 linear feet (.32 miles). The zone was formed as the result of a petition submitted by the property owners within the zone boundaries. There were no conditions of approval placed by the County on development within the proposed zone at the time the petition was submitted.
From the formation date until fiscal year 1988/1989, Zone operations were funded through annual benefit assessments upon each parcel of land within the Zone boundaries. In 1988, the Zone Advisory Committee recommended that the benefit assessment be set at zero, with re-evaluation for possible increase in the future. The fund balance remaining from 1988 has been carried from year to year and utilized to pay the Zone's contribution toward the road zone insurance policy, the Board of Supervisors' fee and County administrative costs, which have totaled approximately $475.00 annually. At the beginning of fiscal year 2006/2007, the available balance was $11.01, with no alternative source of revenue.
Changes in County code and state law that have occurred since the formation of the Zone require a protest ballot proceeding or an election in order to re-instate the benefit assessment or to establish a special tax. In December 2006, Department of Transportation staff initiated a request to hold an election of the registered voters within the Zone in order to either establish funding for Zone activities, or to dissolve the Zone if the measure was not approved by two-thirds of the electorate voting in the election. In response to notification of the election provided to the property owners within the Zone of Benefit, Mr. Marlon Ginney met with Department of Transportation staff to discuss the fiscal status of the Zone. Mr. Ginney is considering submitting an application for development which will affect the Zone of Benefit and has offered to provide a deposit of funds to cover the cost of Zone activities for the term of the Agreement, which expires on June 30, 2008, at such time as a permanent funding source is established, or the Zone of Benefit is dissolved, which ever comes first.
This Agreement has no affect on future development within the current or amended boundaries of the Zone. Future development is subject to review and the conditions of approval that are established at the time the project application is submitted. Should the approval of future development be conditioned upon the formation of an entity to provide road maintenance services, the formation will not be complete and the condition will not be met unless and until adequate, permanent funding is established in the form of property owners' association dues or a special tax. Attached is a letter provided to Mr Ginney reinforcing the point that without a funding source the zone will not be viewed by the County as a viable funding source for road maintenance related to any future development.
Reason for Recommendation:
Agreement 07-1412 facilitates the donation of funds by Mr. Ginney to the County for the administrative and miscellaneous costs associated with the Zone through June 30, 2008 in anticipation that a permanent funding source will be established in the interim. If no special tax or benefit assessment is in place by that date, Department of Transportation staff will initiate action to propose that your Board approve dissolution of the Creekside Drive Zone of Benefit #98127.
Action to be taken following Board approval:
1. The Board Chairman will sign two originals of the Funding Agreement #07-1412 with Marlon Ginney.
2. The Board Clerk will forward the fully executed originals of the Agreement to the Department of Transportation for further processing.
3. The Board Chairman will sign the attached budget transfer.
Contact:
Tom Celio
Concurrences:
County Counsel