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
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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