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HomeMy Public PortalAboutGulf Stream - Draft Undergrounding Project Notice & Draft Ballot Renee Basel From:Susan Schoettle-Gumm <spgumm@mailmt.com> Sent:Sunday, December 5, 2010 9:56 AM To:Bill Thrasher; Rita Taylor; 'Danny Brannon'; 'Habib Isaac'; 'Lee Evett'; 'Pamela Bernaba' Subject:Gulf Stream - Draft Undergrounding Project Notice & Draft Ballot Attachments:Ballot Notice REV DFT 12-4-2010.doc; Gulf Stream Ballot REV DFT 12-4-2010.doc To All - Attached are revised documents based on our discussions on Friday and some further review on my part. I'm not going to point out minor changes, but there are several fairly significant issues I want to highlight for your review. I plan to send the final Drafts to Rita on Monday morning by 9:30am (in pdf format so there aren't any printer spacing problems - let me know if that won't work for you Rita). Please let me know if you have any problems, changes or concerns about these revised drafts by 9am Eastern Time on Monday. I will be available at 941-377-4948 from 8am Eastern Time that morning. Hope you all are having a nice weekend and thanks for your assistance. Issues of Note: 1.We decided on Friday that we would not try to discuss or mention the proposed annexation in these documents, so I added nothing on this issue. 2.I would like for Danny and Habib to review the list of Benefits of Undergrounding one last time to make sure that these statements are totally correct. Please email me or call to confirm. 3.I realized that we needed to address the possibility (although unlikely) of an even number of votes YES & NO. So, I have set it up where the Project is constructed only if majority vote YES -- in the event of a tie, the Project will not go forward. This can easily be changed if you think it should go the other way (built unless a majority vote NO - so a tie vote is a YES). I just was concerned about the political difficulty of going forward without clear property owner approval (even if it happens to be only one vote). Please read the following revised sentences: Notice - third bullet point on front of page, next to last sentence in 2nd paragraph under Background; Ballot - paragraph just above the box where they vote, #7 on ballot procedures. 4.The submittal deadline time was presented slightly differently in several places. The deadline is now "no later than 2:00 pm". This would allow ballots to be submitted at 2:00 pm but technically not at 2:01pm. The other option is "prior to 2:00 pm" which would allow ballots submitted at 1:59 pm but not those submitted at 2:00 pm. My concern was that many could read "prior to 2:00 pm" and think - oh, get it there by 2. I realize that this may be annoyingly technical, but I'd rather have it as clear as possible. Again, let me know if you think it should be phrased differently. Thanks for your assistance. Susan Susan Schoettle, PLLC Phone 941-377-4948 Cell phone 941-320-3054 Fax 941-371-8317 E-mail spgumm@mailmt.com This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (941- 377-4948) or by return e-mail and delete the message, along with any attachments. 1 DRAFT TOWN OF GULF STREAM INFORMATION ON UNDERGROUND UTILITIES PROJECT AND PROPOSED NON-AD VALOREM ASSESSMENTS PN URPOSE OF THIS OTICE The purpose of this notice and the accompanying Undergrounding Project Ballot is:  To provide reliable information to affected property owners within the Town of Gulf Stream (the “Town”) regarding the proposed Underground Utilities Project (the “Project”).  To outline the benefits from placing existing overhead utility lines underground within that area of the Town located east of the Intracoastal Waterway (the “Project Area”) and the proposed levy of non-ad valorem assessments to fund the Project.  To provide the Project Ballot to each property owner within the Project Area to enable them to express “support for” or “opposition to” the proposed Underground Utilities Project. The Town Commission has determined that the Project will be constructed if a majority of Ballots received and counted vote “YES” on the Project. The Project will not be constructed if a majority of Ballots received and counted vote “NO” on the Project.  To provide instructions to property owners for the completion of the Project Ballot and its return to the Town. Your Ballot is enclosed in this mailing with a return envelope. B ACKGROUND Universal undergrounding of overhead utility wiring has been considered by the Town of Gulf Stream for many years. The overhead utilities include those owned by Florida Power & Light Company, Comcast Communications, and AT&T. Several events have led to renewed interest in the project. They include: (1) the cost and time involved in recovery from hurricanes Jeanne, Dennis, and Wilma; (2) recent improvements in undergrounding technology; (3) current availability of substantial FP&L credits for local government undergrounding projects; and (4) the favorable impact of a weak economy on financing and construction costs. The Town is considering moving forward with a Project to complete the undergrounding of overhead utility facilities throughout the Town and imposing a non-ad valorem assessment on affected properties as a means to fund the Project. A plan and cost estimates have been developed. The Town Commission believes that property owners within the Project Area should have the opportunity to express their “support for” or “opposition to” the Project. The Town Commission plans to implement the Project and fund the Project by imposing special assessments only if a majority of the tabulated Ballots vote “YES, in support of the Project”. Your Ballot, with instructions, is enclosed within this mailing. BUOU ENEFITS OF NDERGROUNDING VERHEAD TILITIES Proponents of undergrounding claim that the project will likely more than pay for itself in increased property values. Apart from any impact on property values, properties will receive the following special benefits from the proposed utility undergrounding:  Improved Safety through elimination of potential for downed power and communication lines and utility poles.  Improved Reliability through a significant reduction in irritating and often costly power outages or island-related power surges.  Faster Storm Recovery provided by enhanced switching capabilities associated with underground facilities.  Improved Neighborhood Aesthetics through the elimination of poles, overhead wires, and excessive tree trimming necessary for existing overhead systems. (more information on reverse side of page) DRAFT Information on Underground Utilities Project and Proposed Special Assessments (continued from front of page) SP COPE OF THE ROJECT The project would involve undergrounding of overhead power lines, telephone lines, and communications cables on all public rights of way, and replacement of service laterals as needed. If a majority of the Ballots tabulated are “YES”, the Project should commence in mid- to late-2011 and will proceed in phases. The project is expected to cost approximately $5.45 million, not including financing costs. This cost includes, but is not limited to, planning and engineering, permitting, surveying, construction, removing overhead poles and wires, restoring landscaping where necessary, project management; and administration. SA PECIAL SSESSMENTS The estimated amount of the Assessment, not including financing costs, to be imposed on your property is shown below. Your Base Assessment Amount represents your property’s share of common project costs based on the special benefits your property will receive in the areas of improved reliability, improved safety, and improved aesthetics. The Additional Assessments, if any, represent an engineering estimate for the unique requirements to complete the underground service connections to your home. The Town intends to collect the assessments on the annual Palm Beach County property tax bill and may enforce payment the same way as property taxes. Please note that these proposed assessments have been estimated prior to final bidding on all cost elements of the project and do not include financing costs. Some adjustments to the assessment imposed on your property may occur between the Ballot vote and implementation. The Town plans to allow prepayment in part or in full of the assessments prior to financing the Project with a third-party loan. It is expected that the assessments, if not prepaid, will be paid in ten to twenty annual installments beginning in November 2011. Assessment Number: «Assessment_Number» Parcel Number: «Full_APN» Situs: «Situs_Number» «Situs_Street» «Owner» «Mail_Address» «Mail_City» «Mail_State» «Mail_Zip» Estimated Project Cost: $ __________________________________________________________________________________ Your Property’s Estimated Base Assessment «$ Public Assmt» __________________________________________________________________________________ Additional Estimated Assessments (if needed): Overhead Type Electric Meter Replacement Assessment « $ Meter Assmt» Electrical Service Lateral Replacement Assessment « $ Elect Assmt» Phone Service Lateral Replacement Assessment « $ Phone Assmt» Cable Service Lateral Replacement Assessment « $ Cable Assmt» __________________________________________________________________________________ Your Property’s Total Estimated Assessment $ __________________________________________________________________________________ NOTE: Electric Meter Replacement will only be required for properties having overhead laterals. DRAFT TOWN OF GULF STREAM - UNDERGROUND UTILITIES PROJECT OFFICIAL PROPERTY OWNER PROJECT BALLOT Assessment Number: «Assessment_Number» Parcel Number: «Full_APN» Situs: «Situs_Number» «Situs_Street» «Owner» «Mail_Address» «Mail_City» «Mail_State» «Mail_Zip» This Ballot is for the use of the property owner of record of the parcel identified above, which parcel is within the Project Area for the Underground Utilities Project (“Project”) and, if the Project is approved, will be subject to a non-ad valorem assessment to pay for the Project. This Ballot may be used to express either “support for” or “opposition to” the Project. In order to be counted, this original Ballot must be signed in ink in the space provided below by a record owner or, if the owner is a partnership, corporation, or a trust by an authorized representative of the owner. Each affected parcel is entitled to one (1) vote indicated by checking one of the boxes shown below. The Ballot should then be placed in the enclosed envelope, sealed, and must be delivered to the Town Manager/Clerk, whether by mail or in person, no later than 2:00 pm on Monday, February 7, 2011. For additional information regarding the Ballot, please read the Ballot Procedures on the back of this page. For additional information regarding the Underground Utilities Project, please see the enclosed Information on Underground Utilities Project with your parcel’s estimated assessment amount, not including financing costs. The Underground Utilities Project will be constructed if a majority of Ballots received and counted vote “YES” on the proposed Project. The Project will be paid for through non-ad valorem assessments imposed on affected property within the Project Area. The Project will not be constructed if a majority of Ballots received and counted vote “NO” on the proposed Project. Shall the Town of Gulf Stream, Florida, proceed with construction of the Underground Utilities Project to be paid for through special assessments? MARK ONLY ONE BOX: □□ YES, in support of Project NO, opposed to Project I hereby declare under penalty of perjury that I am the record owner or the authorized representative of the parcel identified above. _____________ ______________________ _______________________ Date Printed Owner’s Name Owner’s Signature Mail or Hand Deliver To: Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483 BALLOT MUST BE DELIVERED NO LATER THAN 2:00 PM ON FEBRUARY 7, 2011 / PLEASE SEE REVERSE SIDE FOR BALLOT PROCEDURESINSTRUCTIONS DRAFT TOWN OF GULF STREAM - UNDERGROUND UTILITIES PROJECT UNDERGROUND UTILITIES PROJECT BALLOT PROCEDURES Record property owners may submit the enclosed ballot to the Town to express “support for” or “opposition to” the proposed Underground Utilities Project. Record property owner means the owner of a parcel as the name and address appears on the Palm Beach County property tax roll. Please follow the instructions below to complete and return your Ballot. 1.Register your vote on the enclosed Undergrounding Project Ballot in “support for” or “opposition to” the Project by marking the appropriate box. 2.Sign, print your name, and date your ballot in ink. (Ballots received without am original signature will not be counted.) If the record owner is a public entity, partnership, corporation, trust, or limited liability company, the ballot must be signed by an authorized representative. 3.Place your ballot in an envelope and seal it (a return envelope has been provided for your use). 4.Mail or personally deliver your ballot to the Town Manager/Clerk at Town Hall. 5.Ballots must be received by the Town Manager/Clerk no later than 2:00 p.m. on Monday, February 7, 2011, at the Town Hall, located at 100 Sea Road, Gulf Stream, Florida, 33483. Any ballots received after 2:00 p.m. on February 7, 2011, shall not be counted, including ballots received after the specified time and date that are postmarked with an earlier date. 6.The Town Manager, Town Clerk, Town Auditor representative, and a Civic Association representative will tabulate all of the Ballots received that are properly executed and timely submitted. Each affected property within the Project Area has one vote. 7.The Underground Utilities Project will be constructed if a majority of Ballots received and counted vote “YES” on the Project. The Underground Utilities Project will not be constructed if a majority of the Ballots received and counted vote “NO” on the Project. In the event of an equal number of votes “YES” and “NO”, the Project will not be constructed. 8.If constructed, the Project will be paid for through assessments imposed on all affected property within the Project Area. Assuming the assessments are levied as intended, property owners will be provided an opportunity to pay all or any part of such Assessments in cash, without interest, prior to the financing of the project with a bank loan. Thereafter, assessments will be paid in ten (10) to twenty (20) annual installments, depending on the loan provisions. Please follow the Ballot instructions carefully and completely in filling out the Ballot on the reverse side of this page to ensure that your Ballot will be tabulated. Ballots must be received by the Town Manager/Clerk no later than 2:00 pm on Monday, February 7, 2011. An assessment ballot will not be tabulated if: a.the Ballot is not signed by the record owner; b.the document is a photocopy or facsimile of a signed Ballot (an original signature is required); c.the Ballot is received by the Town Manager/Clerk after 2:00 pm on February 7, 2011; or d.the Ballot is not marked to clearly indicate “Yes” or “No” on the Project. Mail Delivery: If by mail, place the ballot in the mail with sufficient time to be received no later than 2:00 p.m. on February 7, 2011. If your ballot is not received by this time, it will not be counted. Personal Delivery: If in person, deliver to the Town Manager/Clerk no later than 2:00 p.m. on February 7, 2011, at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. PLEASE SEE REVERSE SIDE FOR PROJECT BALLOT