HomeMy Public PortalAboutRE_ Jupiter Inlet Colony (3)
Renee Basel
From:mark raymond <mark.raymond@mraymondlaw.com>
Sent:Friday, April 15, 2011 9:53 AM
To:'Susan Schoettle-Gumm'; 'Danny Brannon'
Cc:'Skip Randolph'; Bill Thrasher
Subject:RE: Jupiter Inlet Colony
The rough concept plans Danny refers to will suffice. I hope that the project cost estimate is reliable, because once the
assessment roll is adopted the maximum amount of the assessment, and debt capacity, will be established. As for the
“assessment plat,” the assessment roll from wildan, with PCNs included, will suffice. If there is a draft of the wildan
report, please forward it to me.
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 7:15 PM
To: 'Danny Brannon'
Cc: 'Skip Randolph'; 'Bill Thrasher'; 'mark raymond'
Subject: RE: Jupiter Inlet Colony
Danny - Thank you for the additional info. We will need to explore this some more before making a final decision on the
path for the assessments. Thanks again, 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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From: Danny Brannon \[mailto:dbrannon@bngengineers.com\]
Sent: Thursday, April 14, 2011 6:04 PM
To: 'Susan Schoettle-Gumm'
Cc: 'Skip Randolph'; 'Bill Thrasher'; 'mark raymond'
Subject: RE: Jupiter Inlet Colony
Concerning Jupiter Inlet Colony, Plans were created well in advance of the assessment process by FPL, and followed up
by our revised plans for the installation in accordance with the a modified version of the FPL plans. I am not aware of
which plans were included in the assessment documents. Probably both ours and FPL’s. Detailed Comcast and AT&T
plans are not yet created. In most projects, construction plans are made after the vote and money has been made
available. JIC did not go that path.
I am not sure as to the degree of specificity required for such “ plans and specifications” as referred to in the statute, so it
is hard to render an opinion as to when plans conforming to this legal requirement would be available. We have
developed rough concept plans to assist in developing an opinion of the project costs which could be enhanced. To
develop detailed specifications, we will need surveyors to survey the area before we can begin. In addition, we plan to
work the project in two phases and plan to survey the second phase after we are into construction on the first phase.
Detailed plans are generated after the survey data comes in. If the requirement is to simply communicate the intended
routes, utilities involved, method of construction, utility equipment to be installed, etc., a concept plan could be created in
the form of a route drawing and an accompanying document with such descriptions. As far as a plat map, I am not aware
of the existence of one other that the zoning map which is somewhat difficult to read. In the absence of a clear plat map
drawing, a basic map (property lines and roadways) would have to be created. We can develop plans once we
understand the required level of specificity to satisfy the statute.
Danny P. Brannon, P.E.
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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 5:03 PM
To: 'Danny Brannon'
Cc: 'Skip Randolph'; 'Bill Thrasher'
Subject: RE: Jupiter Inlet Colony
Danny - Thanks for that information. I still need from you an opinion on when the Chapter 170 required "plans and
specifications" would be available for the Town of Gulf Stream project. I have copied the relevant statutory section below
for your reference. I believe that the assessment plat could be generated relatively easily using existing maps and the
assessment roll being developed by Willdan. But the availability of or development of "plans and specifications" would
seem to be a question for you as Project Manager/Engineer.
Under the current schedule, I was to submit an ordinance for 1st reading on April 28th with the agenda packet submittal
on April 21st. So, waiting until Tuesday or Wed. to talk w/ the Jupiter Inlet Colony Clerk really won't help us. Is there any
additional information you might have on when "plans and specifications" could be available for Gulf Stream? We need
to have some idea about this in order to evaluate the impact on the assessment adoption schedule and timing for
obtaining financing. Please feel free to give me a call to discuss (ofice 941-377-4948 or cell 941-320-3054).
F.S. Sec. 170.04Plans and specifications, with estimated cost of proposed improvement required before
adoption of resolution.—At the time of the adoption of the resolution provided for in s.170.03, there shall be on file
with the town or city clerk, or like officer, of the municipality adopting said resolution, an assessment plat showing the
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area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which
assessment plat, plans and specifications and estimate shall be open to the inspection of the public.
Thanks, 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.
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
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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.
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Feel free to give me a call at 941-377-4948 (office) or at 941-320-3054 (cell phone).
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.
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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
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