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Home My Public Portal AboutRE_ Gulf Stream Undergrounding Project Renee Basel From:mark raymond <mark.raymond@mraymondlaw.com> Sent:Tuesday, April 26, 2011 11:23 AM To:'Susan Schoettle-Gumm'; Bill Thrasher; Rita Taylor; jrandolph@jones-foster.com; 'Danny Brannon' Subject:RE: Gulf Stream Undergrounding Project Attachments:20110426102807444.pdf; Time line.docx Good morning. Attached are my comments on the proposed ordinance. As I have mentioned to some of you, since chapter 170 expressly provides that the governing body will adopt resolutions imposing the assessments, and since, except as expressly provided by statute in certain cases, there is no difference in legal authority as between a municipal ordinance or resolution, I don’t believe that this ordinance adds anything to the assessment process. Nevertheless, I also see no harm in enacting it. However, I believe that anything in the ordinance that could conceivably conflict with chapter 170 or limit the flexibility of the town should be removed. For that reason I have stricken all of section 4, since it appears to me that it is intended to simply recite what chapter 170 already requires, and there is both no reason to do this and if there is an error in section 5 it will create difficulty in the future. I think that it would be helpful to have a timeline. I have attached a schedule with blanks for the dates of certain significant events. doption of 170.03 resolution ublic hearing on assessments and After the aon May 13, and least 30 days before the p adoption of 170.08 resolution, the town has to mail a notice to each owner of property to be assessed. Therefore, the gap between these two events must be long enough to allow the town sufficient time to complete the mailing. Furthermore, since the gap must be at least 30 days, it will not be possible to have the public hearing at the June 10 meeting. A special meeting could be schedule or the matters could be considered at the July 8 meeting. 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: Friday, April 22, 2011 7:03 PM To: jrandolph@jones-foster.com Cc: 'mark raymond'; 'Bill Thrasher'; rtaylor@gulf-stream.org Subject: Gulf Stream Undergrounding Project Mr. Randolph - 1 Attached please find a copy of the Utility Undergrounding Assessment Methodology Report submitted today to the Town of Gulf Stream by Willdan Financial. Also attached is a cover memo and proposed ordinance that I have submitted to the Town related to the assessment proogram. As we discussed on the phone last week, I am also copying Mark Raymond on this transmittal so that he may also review the documents prior to the April 28th Special Commission Meeting. Please contact me by phone if either of you have any comments or questions about any of these documents. I look forward to seeing you on April 28th and wish you a pleasant Easter weekend. Sincerely, Susan Schoettle-Gumm 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. 2 ORDINANCE NO. 011/2 A c✓ AN ORDINANCE OF THE TOWN F GULF SIREAM, FLORIDA, REGARDING A UTILI UNDERGROUNDING PROJECT AND NON -AD VALOREM SPECIAL ASSESSMENTS TO FUND SUC ROJECT; PROVIDING FOR AUTHORITY; PROVIDING R LEGISLATIVE FINDINGS; PROVIDING FOR DEVEL PMENT AND CONSIDERATION OF UTILTY UNDER OUNDING PROJECT NON -AD VALOREM ASSESSM TS PURSUANT TO CHAPTER 170, FLORIDA STATUTE , PROVIDING FOR AN ASSESSMENT ADOPTION PROC SS, INCLUDING MAILING AND PUBLICATION OF' NOTICES AND AN EQUALIZATION HEARING; PROVIDING FOR ORDINANCE AS AN ALTERNATIVE METHOD; PROVIDING FO ERAL CONSTRUCTION AND SEVERABILIT PROVIDING F.QR ARY OF STATE:/AND PROVIDING FOR AN EFFECTIVE , .. (y 1 t'i!r fD t,l, (J 1L fCf fZ J ,A f4,- � � cow - WHEREAS, the Iown Commission (the "Commission") of the Iown of Gulf Stream, Florida (the "Town") is considering a capital improvements project to underground overhead utility lines, including but not limited to electrical, fiber optic/cable, and telephone utilities, to specially benefit and serve proPerties located within a portion of the'Town; and WHERES, the Commission is considering the adoption of non -ad valorem special assessments imposed on specially benefited properties within the Town to fund the Utility Undergrounding Project; and WHEREAS, the Commission has advertised and held a public hearing on this ordinance; NOW, IHEREFORE BE IT ORDAINED BY THE IOWN COMMISSION OF IHE IOWN OF GULF STREAM:, FLORIDA, AS FOLLOWS: Section 1. Authority, Ihis Ordinance is enacted pursuant to Chapter 170, Florida Statutes, and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of the State of Florida and Florida Statutes ch. 166, pts. I and III Section 2. Leffislative Findinga,. (A) The Commission has determined that the undergrounding of overhead utilit• s, including, but / not limited to, lines related to electrical, telephone, and cable services, n the municipal boundaries of the 'Town (the "Undergrounding Project" or "Project") is in the public interest and is in the best interests of the health, safety and welfare of the Town. (B) the Commission directed the mailing of ballots to affected property owners to measure support for the Undergrounding Project and to provide preliminary notice of the Commission's intent to impose special assessments to fund the Project, if constructed Ballots properly submitted to the Town were counted on February 7, 2011 A majority of those ballots indicated support for construction of the Undergrounding Project to be funded through non -ad valorem special assessments. (C) the Commission hereby finds and determines, based upon the "Overhead Utility Undergrounding Feasibility Study", by Brannon & Gillespie, LLC, and the "Iown of Gulf Stream Utility Undergrounding Assessment Methodology Report", by Willdan Financial Services, Inc , as well as additional evidence and testimony provided by such consultants that: (1) the Project provides direct and special benefit to those parcels that will be served by the undergrounded utilities, and (2) the imposition of special assessments to fund the Project is authorized and appropriate. Additional information and testimony will be considered regarding special benefit and the allocation of project costs to assessed parcels during future hearings, including the Equalization Hearing (D) the Commission has determined that the Project will be funded by a combination of non -ad valorem special assessments imposed on the properties specially benefited by the Project and other lawfully available funds of the Town as may be determined to be necessary and appropriate by the Commission (E) The Commission has the legal authority to levy non -ad valorem special assessments on benefited properties pursuant to Chapter 170, Florida Statutes, and its municipal home rule powers under the Florida Constitution and statutes Specifically, Subsections 1'70.02(1)(d) and (1)(1c), Florida Statutes, authorize a municipality to pay for the relocation of utilities, including the placement underground of electrical, telephone and cable television services and to pay for all or any part of the costs of such improvements by levying and collecting special assessments on the abutting, adjoining, contiguous, or other specially benefited property. (F) the Commission has adopted Resolution No. 010-8, a duly advertised Resolution declaring its intent to use the uniform method of collecting non -ad valorem special assessments on property in Gulf Stream to be specially benefited by the construction of the Project, pursuant to Section 197 3632, Florida Statutes, as amended Section 197 3632, F.S, provide authority for such special assessments to be collecte in the same manner as provided for ad valorem taxes, Section 3 Assessments. the Commission hereby authorizes the further development and adoption of Assessments against benefited Parcels located within the Town to fund the Undergr•ounding Project fission b The Iown may use revenue from the collection of Assessments to directly fund the Project or to refund other revenues of the Town advanced to fund the Project (A) Pursuant to Sectio;X 170 03, F S , the Commissioy shall adopt a resolution that, including but not limited to, declares theature of the proposed imp vement and identifies the costs to be paid by special assessment, the m el in which said assess ents shall be made, when paid and designates the parcels on which the assess ents shall be levied. pon adoption by the Commission, this Resolution Declaring Special Assessmen shall be publishe as required under Section 170 05, Florida Statutes. (B) At the time of adoption of e Resolution eclaring Special Assessments, copies of the plans and specifications, estimated cost, ank an assessPent plat showing the area to be assessed shall also be available in the office of the Tow Clerk open to public inspection When completed, copies of the Preliminary Assessment Roll sh Il be /in file in the office of the Town Clerk and open to public inspection 'The foregoing shall not be o trued to require that the Assessment Roll be in printed form if the amount of the total Assessment d annual installment for each Parcel can be determined or produced by use of a computer terminal (C) After preparation of the Prelimi ary A essment Roll and adoption of the Resolution Declaring Special Assessments, the Iown Cler shall pu lish notice stating that at a meeting of the Commission, the Commission will hear testimon from all i erested persons as to the propriety and advisability of the Utility Undergrounding Proje t, the costo \na ject, the manner of paying for the Project, funding of such Project with sp ial assessmenperty, and the amount to be assessed against each benefited Parcel Notice o this Equalizatioshall be published twice in a newspaper of general circulation within Pa each County Td notice shall be published at least one week prior to the hearing date. Th' notice may be coith publication ofthe Resolution Declaring Special Assessments as requ- ed under Section 1rida Statutes, so long as the requirements of Section 170,07, Florida Sta tes, are also fulfilledtion of notice of the hearing on the proposed Assessments shall be veri ed by the affidavit of�sher, which affidavit shall be filed with the Town Clerk. (D) In addition to he published notice required by Se tion 170 05, F S., the Town Clerk, or authorized agent of e Town, shall provide notice of the oposed Assessment and Equalization Hearing by first cl s mail to the owner of each Parcel subject o the Assessment. The mailed notice shall conform to e requirements set forth in the Uniform Ass ssment Collection Act and Florida Statutes Chapter 70. Notice shall be mailed at least 30 calend days prior to the hearing to each Parcel owner at uch address as is shown in the public records of th roperty Appraiser on the forty- fifth calendar y prior to the date of mailing, or if such address is no ublicly available, at the street address of th assessed Parcel. Notice shall be deemed mailed upon de very thereof to the possession of the U..S. ostal Service. The Town Clerk, or authorized agent of the own, may provide proof of such notice v affidavit (E) At the date and ti e for the Equalizati Hearing named in such notice, or to which an adjournment or continuance ay be taken, th ommission shall receive written objections and hear testimony of interested persons d may or at any subsequent meeting of the Commission, adopt a Final Assessment Resolution, s t to Section 170.0$, F.S , which shall approve the Final Assessment Roll, with such ame nts as it deems just and right and determine the method of collection. the Final Assess me Rol , as approved by the Final Assessment Resolution, shall be delivered to the Palm Be County Tax ollector, as appropriate under the collection method(s) determined by the Cora ssion. Section 5, Ordinance Alternative Method, This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence ection6. Liberal Constructign, The provisions of this article shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare and convenience Section '7. Severability Clause., If any provision of this article or the application thereof to any person or circumstance is finally held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable Section 8. Irausmittal to tlr cretalrof State The Iown Clerk shall transmit this Ordinance to the Secretary of State Section 9. Effective Date of Ordillance. Ihis Ordinance shall become effective upon adoption and transmittal to the Secretary of State of Florida PASSED AND ADOPTED in a regular, adjourned session on first reading this day of April, 2011, and fbr a second and final reading on this day of _ 2011 MAYOR (SEAL) AFIESI: TOWN CLERK IOWN OF GULF SIREANI, FLORIDA COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER