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HomeMy Public PortalAboutRES 11/09RESOLUTION NO. 011 -9 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC /CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Commission (the "Commission ") of the Town of Gulf Stream, Florida (the "Town ") finds that a capital improvements project to underground overhead utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town (the 'Project ") will further the public health, safety and welfare; and WHEREAS, the Commission finds that the properties served by the Project will derive a special benefit from the Project and that a special assessment should be imposed on the benefitted land within the Town for the purpose of paying the cost of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are correct. Section 2. This Resolution 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 3. The Commission has determined that the Town should proceed with a capital improvements project (the 'Project ") to underground overhead utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town. 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 attached hereto. In addition to the costs set forth in Exhibit B, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees /costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). Section 5. The special assessments will be levied upon all lots and lands within the Town adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat provided for in Section 7 below. Project costs related to parcels outside the Town boundaries as well as costs related to parcels owned by the Town will be paid from lawfully available funds of the Town. Section 6. The special assessments will be paid in not less than ten (10) nor more than twenty (20) 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 ad valorem tax bills mailed in November, 2011 or upon completion of the project, whichever is earlier in time. Section 7. There is on file with the Town 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. At least thirty (30) days prior to the public hearing date established in Section 9 below, a preliminary assessment roll showing the lots and lands to be assessed and the amount of benefit to and the assessment against each parcel and the number of annual installments in which the assessment is to be paid will be on file with the Town Clerk and available for public inspection. Section 9. A public hearing shall be held on June 30 , 2011, at 9 :00 a .m. at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, 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 specially benefitted thereby. Section 10. Notice of the public hearing shall be mailed to all owners of real property to be assessed located within the Town, said notice to be substantially in the form attached hereto as Exhibit C. The notice shall be mailed to the names and addresses of such property owners obtained from the property appraiser's records, or if such information is not available from the property appraiser, from such other sources as the Town Clerk deems reliable. Section 11. Notice of the time and place of the hearing shall also be given by two publications a week apart, in a newspaper of general circulation published in Palm Beach County. The second publication shall be at least one week prior to the hearing date. The notice shall be substantially in the form attached hereto as Exhibit D. Section 12. The Clerk shall cause publication of this resolution once a week for a period of two weeks in a newspaper of general circulation published in Palm Beach County, Florida. The notice shall be substantially in the form attached hereto as Exhibit E. Section 13. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Commission of the Town of Gulf Stream, Florida, this 13 th day of May, 2011. 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Q. cliU d. to C 2406 mSnO W C6FZUF�T UUr mr¢UJrF2 EXHIBIT A GENERAL DESCRIPTION OF THE PROJECT (insert from Project Manager - map showing project area) A -1 EXHIBIT B TOWN OF GULF STREAM UTILITY UNDERGROUNDING ASSESSMENT METHODOLOGY MAY 65 2011 .. WILLDAN Financial Services Florida Office Corporate Office Regiongd Offices 7380 Sand Lake Road 27368 Via Industria Oakland, CA Suite 500 Suite 110 Sacramento, CA Orlando, FL 32819 Temecula, CA 92590 Los Angeles, CA Tel: (407) 352 -3958 Tel: (800) 755 -6864 Orange County, CA Fax: (888) 326 -6864 Fax: (951) 587 -3510 Executive Summary Willdan Financial Services (WFS) has been retained by the Town of Gulf Steam (the Town), to develop a methodology that reflects the special benefit received by properties within the Town from the proposed undergrounding of overhead utilities. As part of the creation of this benefit methodology, WFS conducted fieldwork, surveying the affected area of the Town to accurately incorporate the characteristics of the Town and the relationship between affected properties and the overhead utilities proposed to be undergrounded. Fieldwork is necessary to identify each property's special benefit. This information also allows the methodology to account for the fact that some properties in the Town may already have one of their utility services already undergrounded and, therefore, do not benefit to the same degree as properties whose utilities are currently transmitted through overhead facilities. In addition to the fieldwork conducted, Willdan Financial also created a parcel database identifying all benefitting properties within the project area and categorized those properties based on their land use and other characteristics used in allocating costs of the utility undergrounding project. )VWI LLDAN I 1 Town of Gulf Stream Financial Services Budget Overhead Utility Undergrounding Project Town of Gulf Stream Survey Costs $110,688 Legal Costs $100,146 Project Management Admin $269,965 Electric Engineering Services $184,480 Utility Conversion Costs (FPL, AT &T, & Comcast) $3,926,613 Site Landscape Restoration Costs $93,000 Consultant costs $55,000 Contingency $757,852 Subtotal $5,497,742 Financing: Cost of Issuance $50,000 Capitalized Interest (12 Months @ 5.0 %) $291,986 Total $5,839,729 Source: Brannon & Gillespie, LLC; Willdan Financial ' WILLDAN I s Town of Gulf Stream Financial Services addition, the onsite costs of the service laterals for each utility was separated and individually assessed to the applicable properties. Certain properties will also need to upgrade their meters in order to accept the utility connection from underground, which has been accounted for by separating out the costs associated with the meter upgrade and applying the cost to such properties. IMPROVED AESTHETICS In addition to the safety and reliability benefits provided by undergrounding utilities, removing the overhead facilities and utility poles will eliminate a heavy concentration of electric lines and communication facilities. This will improve the overall aesthetics for all properties within the Project Area. Enhancing visual appeal by removal of overhead lines will benefit the aesthetics of the Project Area and enhance the use and enjoyment of the benefited properties. � WILLDAN I 5 Town of Gulf Stream Financial Services Each parcel's Base Assessment is calculated as the total of the proportional special benefit, and associated cost allocation, as determined for each of these three benefit categories. In addition to each parcel's Base Assessment, there may also be property specific improvements such as meter conversions /replacement and service lateral replacements that may be needed. These additional property specific improvement needs and costs have been identified for each individual parcel based on preliminary site inspections by Brannon & Gillespie, LLC. As detailed surveying and engineering proceed on the Project, adjustments to the property specific improvement needs will be made as necessary. The information below presents the initial allocation of Project Costs to the three benefit categories and the estimated total cost of property specific improvement costs. Category of Special Benefit Improved Safety Improved Reliability Improved Aesthetics Sub Total Property Specific Improvements Capitalized Financing Costs TOTAL Percentage of Budget 33% 33% 33% 100% Benefit Allocation $1,718,195 $1,718,195 $1,718,195 $5,154,585 $ 343,157 341,986 $5,839,729 For each Category of Benefit, the following discussion identifies parcels that benefit, the assignment of EBUs, and related equations to determine a parcel's EBUs. IMPROVED SAFETY Properties specially benefit from the improved safety of undergrounding overhead utilities in two distinct ways: 1) the elimination of the potential for poles or overhead lines adjacent to a property to fall and damage property or expose "live" electrical lines, and 2) the elimination of the potential for poles or overhead lines to be downed within the neighborhood restricting ingress and egress to and from the property. A single - family residential lot has been assigned a base unit of benefit for improved Safety equal to 1.0 Safety EBU. The base Safety EBU accounts for the two components of improved safety. Therefore, the analysis uses 0.50 equivalent benefit units for the improved safety to the property and 0.50 equivalent benefit units for the improved safety access to and from the property. In reviewing the characteristics of affected properties within the Project Area, there are multiple properties that encompass an area greater than one acre. Condominium complexes, multi - family residences, non - residential properties, as well as certain single family residential properties span a greater area of potential use. Therefore, an equivalency has been developed to proportionately assign EBUs to these properties, when compared to a baseline, one acre single family residential lot that has been assigned 1.0 Safety EBU. Based on this equivalency, some properties, including certain single - family residences, have been assigned additional Safety EBUs in recognition of the additional special benefit those larger parcels receive from the proposed utility undergrounding. WI LLDAN I 7 Town of Gulf Stream Financial Services condominium parcel within the complex to reflect the improved reliability resulting from the undergrounding of the primary network. Single- family properties which have additional detached auxiliary units are assigned one additional EBU (1.00 EBU) per auxiliary unit to account for the potential of these auxiliary units receiving access to the proposed undergrounded utilities. Table 2 outlines the reliability EBU calculations. Table 2: Reliability EBU Calculation Land Use I EBU Assignment Single-Family 11.0 EBU plus 1.0 EBU per utility serving property requiring new service laterals plus 1.0 EBU per auxiliary unit Condominium (1.0 EBU /condo parcels in Complex) plus 1.0 EBU per utility requiring new service laterals Multi- Family 11.0 EBU plus (1.0 EBU per utility requiring new service laterals x units) Non - Residential 11.0 EBU plus 1.0 EBU per utility requiring new service latera!s Vacant 1.0 EBU plus 1.0 EBU per utility requiring new service latera:s IMPROVED AESTHETICS Removing the overhead utilities will improve the overall aesthetics of an individual property as well as the neighborhood aesthetics for all properties within a defined project area by eliminating a heavy concentration of electric lines and communication facilities. Enhancing visual appeal by removal of overhead lines will benefit the aesthetics of all parcels within the Project Area and enhance the use and enjoyment of the benefitted properties. Therefore, a single family residence adjacent to overhead utilities has been assigned 0.5 EBUs for the improved aesthetics of its property and 0.5 EBUs for the improved aesthetics of the property's neighborhood, for a total assignment of 1.0 Aesthetic EBU. The improved aesthetics from the undergrounding of utilities will specially benefit each household of a condominium and multi- family complex, and each employee of a non- residential property. Since there are more units and /or households within condominium complexes, multi - family properties, and non - residential properties, these properties receive a different level of benefit than a single - family residence from the improved aesthetics of undergrounded utility services. Not only does the entire property benefit from the improved aesthetics, but every unit within a condominium complex or multi - family property, and all non- residential property will also benefit from the improved aesthetics. Therefore, for residential properties, a reasonable comparison of benefit can be derived by using population density factors between a single - family residences, and condominiums /multi - family properties. Using a population density factor approach for residential properties provides a reflection of the level of use of the facilities by each residential land use type, and therefore the special benefit that each property receives. Population density factors for residential properties were calculated using data obtained from the 2000 census. In comparing densities between different residential properties, condominiums are categorized as multifamily residences since the typical size of each property type is similar and, therefore, would generate similar population densities. �WI LLDAN 9 Town of Gulf Stream Financial Services SPECIAL CASES SCHOOL While parcels throughout the Project Area benefit from the undergrounding of nearby utilities, the private school was analyzed as a special case due to the utilization of the property in relation to its parcel size and the different uses that exist on the school property., In addition to school facilities, the property contains two single - family residences that will each receive separate utility undergrounded services as well as meter upgrades. The school also has a recreation area that was excluded from the acreage calculation in determining the total assignment of EBUs against the school to ensure a fair proportional allocation of cost based on the practical use of the property. GOLF COURSES Similar to the school property, golf course properties were also analyzed as special cases due to the utilization of the property in relation to its parcel size. A majority of the golf course acreage is used for the golf course itself. Therefore, these parcels receive a diminishing return of benefit as the parcel's total acreage increases. In order to account for the difference in total special benefit, the acreage for these larger parcels has been adjusted. To calculate these parcels' adjusted acreage, one side of each parcel's frontage is multiplied by 100 feet to account for the typical depth of a property. NON - ASSESSABLE COSTS Several parcels located outside the boundaries of the Town along Little Club Road will be served and specially benefited by the Project. These parcels have been included in the assessment calculations, and costs have been allocated to these parcels in the same manner as similar parcels located within the Town. The Town does not have the legal authority to impose special assessments on parcels outside its jurisdiction; however, excluding these parcels from the assessment calculations would potentially subject benefitting parcels within the Town to an assessment that is greater than the special benefit conferred on such properties. Therefore, costs allocated to these non - assessable parcels need to be covered by the Town from other available revenues. Similarly to properties along Little Club Road, parcel number 0843453425 along Ocean Blvd just outside the northern border of the Town will partially benefit from the improved safety and improved neighborhood aesthetics as a result of the proposed utility undergrounding of the Town. However, the condominium complex is served on the north side of the property through overhead facilities which will not be undergrounded as part of this project. EBUs were initially calculated in the same manner as similar parcels located within the Town; however, the EBUs were then discounted by one -half (1/2) to account for the fact that the complex will only have a portion of existing overhead facilities undergrounded along Ocean Blvd. Costs allocated to this parcel are considered non - assessable and cannot be funded through the non ad- valorem assessments. The Town will need to fund this amount through other available revenues. WWI LLDAN I 11 Town of Gulf Stream Financial Services r EXHIBIT B TOWN OF GULF STREAM - UTILITY UNDERGROUNDING ASSESSMENT METHODOLOGY BY WILLDAN FINANCIAL SERVICES, INC. May 6, 2011 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 the above referenced report ( "Assessment Report") attached hereto as Exhibit B. The assessments will be paid in not less than ten (10) nor more than twenty (20) annual installments. In addition to the costs set forth in the Assessment Report, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees /costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). EXHIBIT C (to be mailed to all owners of property to be assessed) [Town Letterhead] May _, 2011 Re: Utility Undergrounding Project Dear Property Owner: The Commission of the Town of Gulf Stream, Florida (the "Town ") is considering a capital improvements project to underground overhead utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town (the "Project "). If the Project proceeds, the cost will be funded by assessments against certain real property within the Town that will be specially benefited by the Project. 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. 011 -9 adopted by the Commission on May 13, 2011. Copies of Resolution No. 011 -9 and the preliminary assessment roll are available for review at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. Information regarding the assessment for your specific property is enclosed with this letter. The Commission will hold a public hearing at 9:00 a.m., or as soon thereafter as the matter can be heard, on June 30, 2011, at the Town Hall, 100 Sea Road, Town of Gulf Stream, Florida 33483, for the purpose of receiving comments on the proposed project and special 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. Town of Gulf Stream, Florida By: Rita L. Taylor, Town Clerk C -2 EXHIBIT D NOTICE OF PUBLIC HEARING The Commission of the Town of Gulf Stream, Florida (the "Town ") is considering a capital improvements project to underground overhead utility facilities, including electrical, fiber optic /cable television and telephone facilities that serve certain properties within the Town. If the project proceeds, the cost will be funded by assessments against certain real property within the Town. The Commission will hold a public hearing at 9:00 a.m., or as soon thereafter as the matter can be heard, on June 30, 2011, at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of receiving comments on the proposed project and special 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. D -1 EXHIBIT E PUBLIC NOTICE Notice is hereby given that the Commission of the Town of Gulf Stream, Florida adopted Resolution No. 011 -9 on May 13, 2011. The Resolution is set forth below. RESOLUTION NO. 011 -9 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC /CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Commission (the "Commission ") of the Town of Gulf Stream, Florida (the "Town ") finds that a capital improvements project to underground overhead utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town (the 'Project ") will further the public health, safety and welfare; and WHEREAS, the Commission finds that the properties served by the Project will derive a special benefit from the Project and that a special assessment should be imposed on the benefitted land within the Town for the purpose of paying the cost of the Project: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are correct. Section 2. This Resolution 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 3. The Commission has determined that the Town should proceed with a capital improvements project (the 'Project ") to underground overhead utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town. 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 attached hereto. In addition to the costs set forth in Exhibit B, the annual assessments to be levied will include interest costs related to financing and annual costs of approximately 6% related to levying the assessments on the property tax bill, including, for example, the statutory early payment discount and fees /costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). Section 5. The special assessments will be levied upon all lots and lands within the Town adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat provided for in Section 7 below. Project costs related to parcels outside the Town boundaries as well as costs related to parcels owned by the Town will be paid from lawfully available funds of the Town. Section 6. The special assessments will be paid in not less than ten (10) nor more than twenty (20) 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 ad valorem tax bills mailed in November, 2011 or upon completion of the project, whichever is earlier in time. E -1 Section 7. There is on file with the Town 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. At least thirty (30) days prior to the public hearing date established in Section 9 below, a preliminary assessment roll showing the lots and lands to be assessed and the amount of benefit to and the assessment against each parcel and the number of annual installments in which the assessment is to be paid will be on file with the Town Clerk and available for public inspection. Section 9. A public hearing shall be held on June 30, 2011, at 9:00 a.m. at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, 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 specially benefitted thereby. Section 10. Notice of the public hearing shall be mailed to all owners of real property to be assessed located within the Town, said notice to be substantially in the form attached hereto as Exhibit C. The notice shall be mailed to the names and addresses of such property owners obtained from the property appraiser's records, or if such information is not available from the property appraiser, from such other sources as the Town Clerk deems reliable. Section 11. Notice of the time and place of the hearing shall also be given by two publications a week apart, in a newspaper of general circulation published in Palm Beach County. The second publication shall be at least one week prior to the hearing date. The notice shall be substantially in the form attached hereto as Exhibit D. Section 12. The Clerk shall cause publication of this resolution once a week for a period of two weeks in a newspaper of general circulation published in Palm Beach County, Florida. The notice shall be substantially in the form attached hereto as Exhibit E. Section 13. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Commission of the Town of Gulf Stream, Florida, this 13th day of May, 2011. MAYOR (SEAL) ATTEST: TOWN CLERK E -1 TOWN OF GULF STREAM, FLORIDA COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER