HomeMy Public PortalAboutRE_ Jupiter Inlet Colony
Renee Basel
From:mark raymond <mark.raymond@mraymondlaw.com>
Sent:Thursday, April 14, 2011 5:18 PM
To:'Susan Schoettle-Gumm'; 'Danny Brannon'
Cc:'Skip Randolph'
Subject:RE: Jupiter Inlet Colony
Attachments:first assessment reso.doc; final assessment reso.docx
Presumably the engineer for the project.
Mark E. Raymond
4360 Northlake Boulevard
Suite 204
Palm Beach Gardens, FL 33410
Tel: 561.775.8440
Fax: 561.775.8442
Cell: 561.758.0930
Home Tel: 561.625.1561
Email: mark.raymond@mraymondlaw.com
Alt. Email: mer101559@comcast.net
From: Susan Schoettle-Gumm \[mailto:spgumm@mailmt.com\]
Sent: Thursday, April 14, 2011 5:02 PM
To: 'mark raymond'; 'Danny Brannon'
Cc: 'Skip Randolph'; 'Joann Manganiello'
Subject: RE: Jupiter Inlet Colony
Mark - Thanks. Do you know who prepared the "plans and specifications" for JIC? I doubt that the Clerk prepared the
plans and specs. I would welcome copies of your assessment resolutions if you would share them. Thanks again, Susan
Susan Schoettle-Gumm, 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.
From: mark raymond \[mailto:mark.raymond@mraymondlaw.com\]
Sent: Thursday, April 14, 2011 4:58 PM
To: 'Danny Brannon'; 'Susan Schoettle-Gumm'
Cc: 'Skip Randolph'; 'Joann Manganiello'
Subject: RE: Jupiter Inlet Colony
1
I prepared the assessment documents for JIC. Joann, the Clerk, prepared the resolution required by 197.3632 in order to
compel the tax collector and property appraiser to collect the assessments via the uniform method. If anyone wants the
assessment resolutions I prepared just holler.
Mark E. Raymond
4360 Northlake Boulevard
Suite 204
Palm Beach Gardens, FL 33410
Tel: 561.775.8440
Fax: 561.775.8442
Cell: 561.758.0930
Home Tel: 561.625.1561
Email: mark.raymond@mraymondlaw.com
Alt. Email: mer101559@comcast.net
From: Danny Brannon \[mailto:dbrannon@bngengineers.com\]
Sent: Thursday, April 14, 2011 4:41 PM
To: 'Susan Schoettle-Gumm'
Cc: 'mark raymond'; Skip Randolph; Joann Manganiello
Subject: Jupiter Inlet Colony
Susan,
In reference to your question about Jupiter Inlet Colony, The Town Clerk collected all the required documents she needed
per the statutes for both the Assessment process, Validation, and the Bonding. She indicated she just followed the
statutes. She will be back next week after Tuesday if you want to talk to her. (Joan Manganiello 561-746-3787) She will
not be available until then.
Danny P. Brannon, P.E.
To help protect your
privacy, Microsoft Office
prevented automatic
Brannon & Gillespie, LLC
download of this picture
from the Internet.
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Phone: (561)795-0833 - Fax: (561) 795-5678
Website: www.BnGEngineers.com
From: Susan Schoettle-Gumm \[mailto:spgumm@mailmt.com\]
Sent: Thursday, April 14, 2011 1:49 PM
To: jrandolph@jones-foster.com
Cc: 'Danny Brannon'; 'Bill Thrasher'; 'mark raymond'
Subject: RE: gulfstream
Mr. Randolph - I would like to discuss some of the other issues that need to be considered related to Mr. Raymond's
concerns. I am currently drafting the ordinance that creates the assessment district and process for consideration and
adoption of the assessments. The ordinance is currently planned for 1st reading at the Special Meeting on April 28th. I
would appreciate it if we could discuss these issues later today or tomorrow, if possible, as I will be finalizing a draft
ordinance in the next few days for submittal to the Town on April 21st.
Feel free to give me a call at 941-377-4948 (office) or at 941-320-3054 (cell phone).
2
Thank you, Susan
Susan Schoettle-Gumm, 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.
From: mark raymond \[mailto:mark.raymond@mraymondlaw.com\]
Sent: Thursday, April 14, 2011 1:34 PM
To: jrandolph@jones-foster.com; spgumm@mailmt.com
Cc: 'Danny Brannon'; 'Bill Thrasher'
Subject: gulfstream
Skip: I just received a call from susan schoettle-gumm. She did not know
that I was being considered as bond counsel for gulfstream, but rather she
wanted to talk about jupiter inlet colony. However, our conversation turned
to gulfstream. I told her that I had asked to see the ordinance in advance
of the 4/18 meeting, and she explained to me that the ordinance was going to
create a dependent assessment district. I question whether this is the best
way for the town to proceed, and here is why.
Most lenders are going to want more than the assessment as security for the
debt. Lenders do not like special assessment debt because not only do they
have to analyze each property subject to the assessment, but also a default
in payment by one taxpayer causes a default on the debt. Typically, a
special assessment loan would have a backup covenant to budget and
appropriate (CBA) by the municipality. This places the collection risk on
the town rather than the bank, and the town would make up any deficiency in
the assessment from available non ad valorem revenues.
While I understand that the entire town will not be assessed, this does not
in itself mandate creation of a dependent district, as the town itself can
assess only the benefitted property. Using the town as the assessing entity
and borrower facilitates the back-up CBA.
The lending environment is very constrained right now. Jupiter Inlet Colony
only received one bid from the 12 banks solicited, Jupiter Island only
received two, and Hillsboro Beach only received one. So anything that can
improve the creditworthiness of the transaction is very important.
I realize that the town hasn't hired me, but this is a very important
consideration, and I think more thought needs to be put into the structure
before 4/18.
Mark E. Raymond
3
4360 Northlake Boulevard
Suite 204
Palm Beach Gardens, FL 33410
Tel: 561.775.8440
Fax: 561.775.8442
Cell: 561.758.0930
Home Tel: 561.625.1561
Email: mark.raymond@mraymondlaw.com
Alt. Email: mer101559@comcast.net
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4
RESOLUTION NO. ____
A RESOLUTION OF THE COMMISSION OF JUPITER INLET COLONY,
FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE
IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF
UNDERGROUNDING THE ELECTRIC, CABLE TELEVISION AND
TELEPHONE UTILITY FACILITIES SERVING THE MUNICIPALITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Commission of Jupiter Inlet Colony, Florida (the "Colony") finds
that placing the electric, cable television and telephone utility facilities that serve the Colony
and its inhabitants underground (the "Project") will further the public health, safety and
welfare; and
WHEREAS, the Commission finds that the land within the Colony will derive a
special benefit from the Project and that a special assessment should be imposed on the
benefitted land for the purpose of paying the cost of the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
JUPITER INLET COLONY, FLORIDA, THAT:
Section 1. The content of the foregoing "WHEREAS" clauses is correct.
Section 2. The Commission has determined that the Colony should proceed with a project
(the "Project") to place the electric, cable television and telephone utility facilities that serve
the Colony and its inhabitants underground.
Section 3. The nature and general location of the proposed improvements to be included in
the Project is set forth in Exhibit A attached hereto.
Section 4. The estimated cost of the Project to be paid with special assessments and the
manner in which the assessments will be made is set forth in Exhibit B hereto.
Section 5. The special assessments will be levied upon all lots and lands adjoining and
contiguous or bounding and abutting upon such improvements or specially benefitted
thereby and further designated by the assessment plat hereinafter provided for.
Section 6. The special assessments will be paid in twenty annual installments, and will be
levied using the uniform method for the collection of non-ad valorem assessments set forth
in Chapter 197, Florida Statutes, commencing with the tax levy for 2011.
Section 7. There is on file with the Clerk an assessment plat, showing the area to be assessed,
with plans and specifications, and an estimate of the cost of the Project, which items are open
to public inspection.
Section 8. There is on file with the Colony a preliminary assessment roll showing the lots
and lands to be assessed and the amount of benefit to and the assessment against each lot or
parcel and the number of annual installments in which the assessment is to be paid.
Section 9. A public hearing shall be held on January __, 2011, at __:__ _.m. at the Town
Administration Building, 1 Colony Road, Jupiter Inlet Colony, Florida 33469-3507, for the
purpose of hearing public comments concerning the Project, the cost of such Project and the
manner of payment therefor, including the amount of special assessments to be levied against
property benefitted thereby.
Section 10. Notice of the hearing shall be given to all owners of real property located within
the Town, said notice to be in the form attached hereto as Exhibit C.
Section 11. Notice of the hearing shall also be given by publication two times, a week apart,
in a newspaper of general circulation published in Palm Beach County, the second
publication to be not less than one week prior to the hearing date. The form of the notice is
attached as Exhibit D.
Section 12. The Clerk shall cause a notice of this resolution to be published two times in a
newspaper of general circulation published in Palm Beach County, Florida. The form of the
notice is attached as Exhibit E.
Section 13. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED
by the Commission of Jupiter Inlet Colony, Florida, this 15th
day of December, 2010.
JUPITER INLET COLONY, FLORIDA
___________________________________
ATTEST: Mayor
_______________________________________
Clerk
EXHIBIT C
\[Colony Letterhead\]
January _, 2010
To all owners of real estate within Jupiter Inlet Colony, Florida
Re: Utility Undergrounding Project
Dear Property Owner:
The Commission of Jupiter Inlet Colony, Florida (the "Colony") is considering whether the
Colony should undertake a project to place the electric, cable television and telephone
facilities that serve the Colony and its inhabitants underground. If the project proceeds, the
cost will be funded by assessments against real property within the Colony. The assessment
for each parcel of real property is based on the benefit that it will receive as a result of the
project. A more specific description of the assessment program is included in Resolution No.
___ adopted by the Commission on December 15, 2010. Copies of Resolution No. __ and the
preliminary assessment roll are available for review at the Town Administration Building, 1
Colony Road, Jupiter Inlet Colony, Florida 33469-3507. Information regarding the
assessment for your specific property, including the number of lots or parcels of record, is
enclosed with this letter.
The Commission will hold a public hearing at __:__ _.m., or as soon thereafter as the matter
can be heard, on January __, 2011, at the Town Administration Building, 1 Colony Road,
Jupiter Inlet Colony, Florida 33469-, for the purpose of receiving comments on the proposed
project and the assessments. You are invited to attend and participate in the public hearing or
to file written comments with the Commission any time prior to the public hearing.
If you decide to appeal any decision made by the Commission with respect to any matter
considered at the hearing, you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal
is to be made.
Jupiter Inlet Colony, Florida
By: Clerk
EXHIBIT D
NOTICE OF PUBLIC HEARING
The Commission of Jupiter Inlet Colony, Florida (the "Colony") is considering whether the
Colony should undertake a project to place the electric, cable television and telephone facilities
that serve the Colony and its inhabitants underground. If the project proceeds, the cost will be
funded by assessments against real property within the Colony.
The Commission will hold a public hearing at __:__ _.m., or as soon thereafter as the matter can
be heard, on January __, 2011, at the Town Administration Building, 1 Colony Road, Jupiter
Inlet Colony, Florida 33469-, for the purpose of receiving comments on the proposed project and
the assessments. The public is invited to attend and participate in the public hearing or to file
written comments with the Commission any time prior to the public hearing.
If any person decides to appeal any decision made by the Commission with respect to any matter
considered at the hearing, he or she will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is to
be made.
EXHIBIT E
PUBLIC NOTICE
Notice is hereby given that the Commission of Jupiter Inlet Colony, Florida adopted Resolution
No. ___ on December 15, 2010. The Resolution is set forth below.
RESOLUTION NO. ____
A RESOLUTION OF THE COMMISSION OF JUPITER INLET COLONY,
FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE
IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF
UNDERGROUNDING THE ELECTRIC, CABLE TELEVISION AND
TELEPHONE UTILITY FACILITIES SERVING THE MUNICIPALITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Commission of Jupiter Inlet Colony, Florida (the "Colony") finds that
placing the electric, cable television and telephone utility facilities that serve the Colony and its
inhabitants underground (the "Project") will further the public health, safety and welfare; and
WHEREAS, the Commission finds that the land within the Colony will derive a special
benefit from the Project and that a special assessment should be imposed on the benefitted land
for the purpose of paying the cost of the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF JUPITER
INLET COLONY, FLORIDA, THAT:
Section 1. The content of the foregoing "WHEREAS" clauses is correct.
Section 2. The Commission has determined that the Colony should proceed with a project (the
"Project") to place the electric, cable television and telephone utility facilities that serve the
Colony and its inhabitants underground.
Section 3. The nature and general location of the proposed improvements to be included in the
Project is set forth in Exhibit A attached hereto.
Section 4. The estimated cost of the Project to be paid with special assessments and the manner
in which the assessments will be made is set forth in Exhibit B hereto.
Section 5. The special assessments will be levied upon all lots and lands adjoining and
contiguous or bounding and abutting upon such improvements or specially benefitted thereby
and further designated by the assessment plat hereinafter provided for.
Section 6. The special assessments will be paid in twenty annual installments, and will be levied
using the uniform method for the collection of non-ad valorem assessments set forth in Chapter
197, Florida Statutes, commencing with the tax levy for 2011.
Section 7. There is on file with the Clerk an assessment plat, showing the area to be assessed,
with plans and specifications, and an estimate of the cost of the Project, which items are open to
public inspection.
Section 8. The Colony shall cause to be prepared a preliminary assessment roll, as promptly as
possible, showing the lots and lands to be assessed and the amount of benefit to and the
assessment against each lot or parcel and the number of annual installments in which the
assessment is to be paid.
Section 9. A public hearing shall be held on January __, 2011, at __:__ _.m. at the Town
Administration Building, 1 Colony Road, Jupiter Inlet Colony, Florida 33469-3507, for the
purpose of hearing public comments concerning the Project, the cost of such Project and the
manner of payment therefor, including the amount of special assessments to be levied against
property benefitted thereby.
Section 10. Notice of the hearing shall be given to all owners of real property located within the
Town, said notice to be in the form attached hereto as Exhibit C.
Section 11. Notice of the hearing shall also be given by publication two times, a week apart, in a
newspaper of general circulation published in Palm Beach County, the second publication to be
not less than one week prior to the hearing date. The form of the notice is attached as Exhibit D.
Section 12. The Clerk shall cause a notice of this resolution to be published two times in a
newspaper of general circulation published in Palm Beach County, Florida. The form of the
notice is attached as Exhibit E.
Section 13. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED
by the Commission of Jupiter Inlet Colony, Florida, this 15th day of
December, 2010.
JUPITER INLET COLONY, FLORIDA
/s/ John M. Zuccarelli, III, Mayor
ATTEST: /s/ Joann Manganiello, Clerk