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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 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1321 / Virus Database: 1500/3573 - Release Date: 04/14/11 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