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HomeMy WebLinkAbout1997 05 12 Regular Item F COMMISSION AGENDA ITEM F ADD-ON REGULAR X CONSENT INFORMATIONAL May 12. 1997 Meeting MGR.lpI~EPT Authorization REQUEST: City Manager requesting Commission authority to enter into a contact with the Joint Venture firm of Government Systems Group, Inc., (G.S.G.) And Nabors, Giblin and Nickerson (NG&N) to provide legal and financial services relative to the development of a Beautification and Lighting Assessment District for the Tuskawilla PUD. PURPOSE: The purpose of this Agenda Item is to gain Commission approval for the City Manager to enter into a contract with the joint venture groups of G. S. G. and NG&N to perform the necessary studies and to develop the documents necessary to create a Beautification and Lighting Assessment District to finance the construction, installation, and maintenance of land and street scape amenities in the Tuscawilla PUD. CONSIDERA TIONS: Residents of Tuscawilla have indicted an interest in developing, installing and maintaining land and street scape amenities in the Pun through an assessment district. The Tuscawilla Homeowners Association has recently employed a landscape architectural firm to develop preliminary plans and cost estimates for the program. Page 1 FUNDING: The City Manager has negotiated the attached contact with the following cost: CONTRACT OUT OF POCKET TOTAL Phase I Other Phase Total $ 8,500 $59.500 $68,000 $ 1,500 $ 500 $ 2,000 $ 10,000 $ 60.000 $ 70,000 Phase I will cover the cost of services through the mail ballot. If the mail ballot is not successful the other phases will not be authorized. RECOMMENDATION: It is recommended that the Commission authorize the City Manager to enter into an agreement with the joint venture firm of G. S. G. and NG&N tp provide legal and financial services related to the development of the Tuscawilla Lighting and Beautification Assessment District. IMPLEMENTATION: Approval of Agreement Notice To Proceed - Phase I Governance Alternative Chosen Mail Ballot Notice To Proceed - Phase II May 12, 1997 May 13, 1997 August 11, 1997 September 1, 1997 September 22, 1997 ATTACHMENTS: G.S.G. and NG&N Agreement Page 2 ZOd Wd [[: Z 0 L 6 - Z 1 - SO . 90ZI.-J;-ZZ-t>06 'WO,C;: ,GOVERNMENT SERVICES GROUp, INC. Providing Solutions & Systems to Local Government May 12,1997 Mr. Ronald W. McLemore City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Re: Creation, Funding anci Implementation of a Beautification and Improvement Area Involving the City of Winter Springs, the City of Oviedo and Seminole County and Addressing Incorporated and Unincorporated Areas Encompassed by the Tuscawilla PUD Dear Ron: As a result of our briefings by Frank Kruppenbacher and yourself, we understand that almost all of the area encompassed by the Tuscawilla PUD lies within the incorporated area of the City of Winter Springs and that by and large the constituency in the entirety of the Tuscawilla PUD are desirous of creating a mechanism to efficiently deliver and provide an increased level of capital improvements and services beyond that 'currently being provided by the municipalities and county government. We also understand that this area is entirely resiqential in nature comprising between 4,000 and 5,000 parcels. In that almost all of the area encompassed by the Tuscawilla PUD lies within the City of Winter Springs, its City Council is desirous in taking the lead in creating a mechanism that has the authority and focus to deliver these additional facilities and, services in a manner that benefitted landowners appropriately and efficiently share the burden for such extraordinary attention. The very fact that the City of Winter Springs, the City of Oviedo and Seminole County are willing to work together to create such a vehicle is a great advantage to the community in this endeavor. GSG'is a state-wide firm that specializes in the development, implem~ntation and administration of special assessment programs. These programs have been for both capital and service, and have included such diverse programs as water and sewer, solid waste, transportation, fire/rescue and economic development. GSG's role will b~ to assist in the development of the assessment impact report, and the implementation of the assessment collection program, GSG will also utilize the firm of Nabors, Giblin & 5UIl'E 860' BARNETT BANK BUILDING. 31f.i 5. CALHOUN 5TRfF.1'. "AI.I.AlfA~;~;[[.I=LORIDA 32301 (904) 081.j'/1'/ . r:AX (I.~04) 22'1-7206 -SOd Wd i j: 20 -- 1..6-,2 j -"'11 90ZI..-tZZ-t06 WO~d , Ronald W. McLemore May 12. 1997 Page 2 , Nickerson, P.A. (NG&N), a law firm dedicated to the representation of local government on issues of finance and taxation. Several members of Nabors, Giblin & Nickerson, P.A. ("NG&NII) have been engaged in the development, creation and implementation of such mechanisms throug hout the State and it is our experience that the positive attributes resulting from such cooperation will result in the ,ability of this particular area to efficiently develop, put in place and annually sustain the improvements and beautification services desired by the landowners and constituents in this area. GSG and NG&N together can provide all the necessary professional services to assist the City in creating the contemplated improvement Area and developing a turn key special assessment program to fund the extraordinary capital improvements and services being requested by the constituents in this area. Just as a county or city may use bond counsel, labor counselor construction claims counsel to provide specialized services, the use of special counsel and expert non-legal professionals well versed in the development, funding and implementation of extraordinary improvement and beautification activities, will assist you in creating a fundamentally sound local gover,nment approach for providing the extraordinary capital improvements and recurring public services being requested by your constituents. We would expect to undertake this engagement as a joint venture and share with you our collective experience, expertise and careful approach to the development of an efficient governance alternative, legally sufficient revenue sources, and the operational procedures to sustain these improvements and services on a recurring annual basis. In that you have voiced an interest in seeking the confirmation of the constituents in this area through some form of non-binding poll or ballot, we have initially developed a multiple-phased approach which involves the concurrent development of the governance alternative and an assessment program to provide and fund the desired improvements and services as an initial phase. The initial phase I(A) and HB) would conclude with a non- binding poll or ballot and informational fact sheet sent to each property owner listed on the most recent ad valorem tax roll in the affected area. Such a mailing would describe the governance alternative, the improvements and services to be performed and the expected annual cost for each individual landowner. At this pqint the City has committed to an expenditure of $8,500.00 (Phase I(A) ::: $7,500.00/ Phase 1(8) ;;; $1,000.00). pad i^ld I I : Z 0 L 6 - Z 1- S 0 902L-tZZ-P06 WOHd Ronald W. McLemore May 12, 1997 Page 3 ' ' A second phase (Implementation)would involve updating the information developed for the assessment program in phase one and providing the implementationdocumentatia1 and advice to timely implement the funding of the improvement Area through special .assessments. Because of timing issues, the implementation of special assessments may result in collection through a direct mailing process in the initial year with collection occurring in subsequent years using the tax bill collection method. Finally, the third phase consists on an annual recurring contract for 3 years which would provide all of the services necessary to annually update the improvement Area's assessment roll, adopt an annual rate resolution and cause collection on the same bill as ad valorem taxes. ' ' For the services provided by GSG and NG&N, we will agree to work under a lump sum professional fee arrangement on a percent completed basis. A lump sum method of compensation eliminates any uncertainty in the total fee. We would, of course, expect to be paid for all of our time and costs incurred in the event Seminole County and the municipalities involved choose not to implement or create the contemplated improvement and beautification Area. However, to make sure there is no misunderstanding, this aspect of our proposal is not a contingency arrangement; in the event the City chooses not to go forward, or the City of Oviedo or Seminole County are unwilling to create an improvement and beautification, Area, the fees and expenses for actual costs incurred for work performed hereunder through the date of termination would then be due and payable or an hourly basis from the last percentage of the project completed at our ,standard hourly . rates. In addition to any lump sum or hourly fee, our firms will seek a periodic reimbursement of actual costs incurred, such as photocopies, long distance telephone charges, and overnight delivery services, Any travel expenses would be in accordance with section 112.061, Florida Statutes. R~imbursementfor the costs of producing, stuffing and mailing of any poll or non-binding constituent ballot, assessment bills, or the statutori~ required first class notices to use the tax bill collection method would also be required. For ease of administration, any request for reimbursement will come via a single invoice from both firms for a concurrent period. Phase I(C) involves the creation of the improvement and beautification area only after the public meeting with the residents from the impacted area. Sad ~H ll:ZO L6-Zl-S0 - - 90~L-tZZ-t06 WOHd Ronald W. Mclemore May 12, 1997 Page 4 ' Please understand that a substantial amount of the work effort involved in this project will transpire early on when the governance alternative has been developed and a pro forma cost on an individual parcel basis has been identified. We would expect that this information would be embodied in a preliminary assessment report which would be used as a decision-making tool by the City and the other affected local governments Our fundamental approach would be to share our experience and insight with you, and to assist the City in causing the development of a governance alternative and special assessment program wh ich achieves the constituents' objectives of enhanced facilities and beautification services within the residential areas of the Tuscawilla PUD. We possess the expertise and capacity to provide these services on a turn key basis and look forward to working with you and Frank Kruppenbacher on this project. ' We are attaching as Appendix A to this correspondence, an initial work plan, fee structu re and deliverables schedule. We are looking forward to working with the City of Winter Springs. the City of Oviedo and Seminole County on this very important project. If you have any questions, or desire any further information, please feel free to call me at any time. Sincerely, GOVERNMENT SERVICES GROUP, INC. ;;;L-~ Robert E. Sheets Chief Executive Officer Attachment cc: Mark Lawson, NG&N Frank C. .Kruppenbacher (wIatt.) 1""'........ 1,....,""'''''."..,,1.1 _.-__. 90d ' l^ld 11:20 1.6-2t-SO 902L-t22-t06 WO~d ,Ronald W. McLemore May 12, 1997 Page 5 NOTICE TO PROCEED You are h~reby authorized and directed to proceed in conformance with this correspondence, the attached Scope of Services, Deliverables, and Payment Schedules. Ronald C. McLemore City Manager City of Winter Springs Date: LOd l"ld II:ZO L6-ZI-S0 Ronald W. McLemore, May 12" 1997 Page 6 bee: Robert L. Nabors (wIatt.) George H. Nickerson, Jr. (wIatt.) Mark G. Lawson (wiatt.) , Virgi.nia Saunders Delegal (wIatt.) Robert E. Sheets (wIatt.) T. Duncan Rose, III (wIatt.) Camille S. Gianatasio (wiatt.) K:\WPOATA\MGL\97042\MCLEMO-3.7 90ZL-vZZ-v06 WOad oUd We[ \ i:;:;O L6-2 [-';0 9u2L-t.ZZ-t06 WOa~ SCOPE OF SERVICES phase 1 (A): Analysis of Govern~nce Options The ~ollowing tasks outline the minimum level of effort required to prepare an extensive "white paper" discussing the various governance options for the creation of the Tuskawilla special assessment entity. This report will be delivered to the City in such a manner that all realistic options can be analyzed. 1, Review and evalua~e as needed the nature of improvements and beautification services expected to be desired within the Tuscawilla PUD, existing municipal and County documents, agreements, reports. master plans, and other data pertaining to the provision of such improvements and beautification services. 2. Prepare an overview of available governance alternatives. " 3. Based upon policy direction, draft and develop a proposed charter for the improvement and beautification area (the "Area"). NG&N will provide the professional services described in Phase 1 (A) relating to the development of a "white paper" for a lump sum fee of $7,500.00, The scope of services in Phase 1 (A) assumes a maximum of 1 on-site meeting. Meeting in excess of this number will be arranged at our standard hourly rate. Phase 1 (B): Development of Non-Binding Mailout to Gaug~ Support for Assessment Concept This task is intended to assist the City in gauging the acceptability of funding additional services and improvements through use of special assessments. 1. Prepare a, one-page description of an assessment approach to funding specific services and improvements for the Tuskawilla PUD. The description will be generic in nature and will not indicate a specific amount for each parcel for any service or improvement. Typical values may be included where such values are determined by the City for incorporation into the document. , 2. Prepare a mail out ballot for each property owner to reflect support or lack of support for the assessment approach to funding services. 3. The City will be responsible for the printing, mailing (including postage) and tabulation of the responses from the ballot. A~1 Of'l' J ""f'lf'l' ni>l ,...,..,.,... T Ie 7T I UI.I oOd l'ld Il:ZO" L6-ZI-SO 90ZL-tZZ-v06 WO~d GSG will provide the professional services described in Phase 1 (B) for a lump sum fee of $1,000. The scope of services for Phase 1 (8) assumes no on-site meetings. Phase 1 (C): Development of Proforma Assessments to Fund Improvement and Beautification 1. Evaluate the existing ad valorem tax roll information, reports and other data pertaining to the identified improvement area. 2. Using information provided by the City, develop an improvement area cost of sewer profile. 3. With assistance from the, City, identify any areas within the improvement area that are to receive different levels of capital improvement and service. 4. Using the ad valorem roll, develop preliminary assessment ranges indicating potential assessment amounts (note: this assessment will be expressed in terms of minimum vs, maximum and may be subject to major changes depending upon the outcome of decisions regarding service level. cost and variations within the improvement area regarding capital and service enhancement). 5. Prepare a summary report regarding assessment ranges and preliminary findings that can affect final cost and assessment. NG&N and GSG will provide the professional services described in Phase, ,1 (C) relating to the development of special assessments to fund the contemplated Area for a lump sum fee of $17,500.00. The scope of services in Phase 1(C) assumes a maximum of 4 on-site meetings by one or more representatives of either NG&N or GSG. Meetings in excess of this number would be arranged at our standard hourly rates. 'ebasEt 1 (0): Creation of th~ Improyem~nt and Beautification Area Once direction has been provided by the City, the following tasks will be carried out to create the formal structure of the Area. These tasks may take place concurrently with Phase 1 (C) outlined above: 1. Prepare the necessary authorizing ordinances, implementing resolutions and documentation associated with the creation of the Area. A-2 Ci'I' -.J ('f""tf"'l' nt'" f'r-.. f'T It:' '7 T I UI I ^^~l ~"'7""7 ....^,..-.I"TT Old l^ld II :;:;0 L6-(;I-SO 902L-~C;t-P06_l^l6Hd 2. Prepare an executive summary and overview of the proposed charter, present and thoroughly explain all necessary documentation to municipal and County representatives and elected officials; revise and finalize as directed. 3. Assist the Area in allocating and funding any costs advanced by the affected municipalities or County to create the Area, identify and advise the municipalities and the County concerning long-term supplementalfu nding sources and procedu res to pay for improvements and beautification services. 4,. Deliver an ordinance establishing the charter and creating the Are,a. NG&N will provide the professional services described in Phase 1 (0) relating to the creation of the formal governance documents for the Area for a lump sum fee of $7,500.00, The scope of services in Phase 1 (0) assumes a maximum of 1 on-site meeting. Meeting in excess of this number will be arranged at our standard hourly rate. , , N9te: If the City desires, GSG can assist in the development of a public information sheet and attend the public hearing to answer any questions regarding the preliminary assessment amount. Phase 2: Implementation of Special Assessment Program 1. Draft legal documents which provide the Area with the flexibility to impose and collect assessments using both the traditional and non~ad valorem collection method. 2. Update the assessment roll for use in the annual assessment program to correlate with revisions to the preliminary version of the Fiscal Year 1997-98 ad valorem tax roll. 3. Calculate final schedule of rates based on the apportionment methodologies and revenue, requirements for the Fiscal Year 1997-98 assessment program. 4. ' Draft implementing resolutions to imp9se the assessments to implement the Area's policy' decisions and proposed methodologies. 5. Assist the Area with the final rate adoption process for the assessment programs including (a) the legal requirements for any public hearings, (b) the development of appropriate published notice and/or printing, stuffing and mailing of any notices or A-3 j I d Nd II~ZO L6-Z,-SO 90ZL-vZZ-v06 woad bills. and (c) the development of a public information sheet to be mailed with the bills or notices. 6, Coordinate with appropriate Area officials concerning establishment of systems and procedures for the Area to collect and account for the payment of the 'Fiscal Year 1997 -98 assessments in a manner conducive to correlation to the Fiscal Year 1998- 99 assessment roll. 7. Prepare the n~cessary notice of intent resolutions to LIse the tax bill collection method in, subsequent years and ensure appropriate advertisement of the public hearing to adopt the notice of intent resolution for the assessment program. NG&N and GSG will provide the professional services described in Phase 2 relating to the implementation of the special assessment program for a lump sum fee of $34,500.' The , scope of services in Phase 2 assumes a maximum of 4 on-site meetings by one or more representatives of either NG&N or GSG, Meetings in excess of this number would be arranged at our standard hourly rates. Phase 3: Annua~ Recurring Assessment Roll Work Plan 1. Develop and update the assessment roll for use in the recurring annual assessment program including the correlation of the assessment roll with the Fiscal Year 1998- 99 ad valorem tax roll and the identification of any unpaid or delinquent accounts. 2. Draft necessary supplemental assessment resolutions to collect assessme~ts for omitted or subsequently improved parcels; issue delinquency notices and incorporate unpaid assessments on a subsequent assessment roll. 3. Advise the Area in determining the assessment revenue,requirements for the Fiscal Year 1998-99 assessment program to assist the Area in recovering the costs of collection and implementing the tax bill collection method. 4. Calculate proforma schedule of rates based on the apportionment methodologies and revenue requirements for the Fiscal Year 1997-98 assessment program. 5. Draft necessary implementing resolutions to impose the assessments for Fiscal Year 1998-99 and in subsequent years. 6. Advise and assist with the legal requirements for the adoption of the final assessment rate resolution and certification of the assessment roll in accordance A-4 2ld - Wd 1\:2:0 1.:6-ZI-'SO gOZ~-v2:2:-v06 WO~d with Section 197.3632, Florida Statutes including: (a) the development of the first class notice and its distribution, (b) publication of the public hearing, (c) development of a public information ~heet, (d) attendance at the public hearing, and (e) the certification of the assessment roll to the Seminole County Tax Collector. Assumed as a part of this engagement is a continuing contract with NG&N and GSG for , a minimum period of three years following implementation for the purposes of assisting the , Area in developing annually a schedule or rates and revenue requirements and updating the, assessment role for the purposes of collection using the tax bill collection method, NG&N and GSG will provide these services each year for a lump sum fee of $15,000.00. The scope of services in P.hase 3 assumes a maximum of 2 on-site meetings each year by one or more representatives of either NG&N or GSG, Meetings in excess of this number would be arranged at our standard hourly rates. Costs and Expenses In addition to the lump sum or hourly fees above, our Firms will seek a periodic reimbursement of actual costs incurred. such as photocopies, long distance telephone charges, and overnight delivery services. Any travel expenses would be in accordance with section 112.061, Florida Statutes. Reimbursementfor cost of producing, stuffing, and mailing of any poll or non-binding constituent ballot, assessment bills, or the statutorily required first c1.ass nO,tices to use the tax bill collection method would also be required. For reasons of administration, any requests for reimbursement will come via a single invoice from both firms for a conc':Jrrent period. Additional Services In recognition that NG&N and GSG are organizations dedicated to prpviding specialized assistance to local governments in developing innovative and efficient solutions to public sector issues, the firms shall, on an hourly or negotiated fee basis, also be available to provide additional services on finance, revenue, or other local governmental matters. Such services may be provided under a written change order, extension to this agreement, or by separate agreement mutually acceptable to the parties, or their successors. A-5 7T' J f\t""'\r-.'rlil... rr-..^T iC j d Wd. j j :20 L6-2!-SO 902L-t22-tOS woad " TUSCAWILLA IMPROVEMENT AND BEAUTIFICATION Area DELlVERABLES AND PAYMENT SCHEDULES Phases 1 (A), 1 (B), 1 (C) and 1 (0) Deliverable Notice to Proceed by the City Draft Governance Alternative and Assessment' Report City Commission chooses governance alternative Constituent Mailing City Commission Decision to Proceed Draft Improvement and Beautification Charter Proforma Assessment Rates Schedule Payment Schedule on or before May 13,1997 June 23, 1997 90% of Phase 1(A) August 11, 1997 September 1, 1997 100% of Phase 1 (8) fees September 22, 1997 As determined by the City , 90% upon delivery Of the report (Phase 1 (0)) October 17, 1997 80% of Phase 1 (C) fees Comments from City (within 7 days of draft submittal) Final Assessment Report October 31, 1997 20% of Phase 1 (C) fees Delivery of Final Improvement October 31, 1997 and Beautification Charter Update assessment budget, rates and'roll Calculate annual assessment rates for FY 97-98 ("'\ T. I t"'^^. n... ^^. ^ T 10% of Phase 1 (D) fees Phase 2 November - December 1997 November - December 1997 A-6 V I d W4 i i : <; (I ~ 6 - <;-1 - g (I, 90ZL-t'ZZ-t'06 WO~d " . TUSCAWILLA IMPROVEMENT AND BEAUTIFICATION AREA DELlVERABLES AND PAYMENT SCHEDULES (continued) Df1UV9r<4bl~ Draft Initial Year and Recurring Assessment Implementation Resolution Bills Notice of Intent Interlocal Agreement Tax Collector Update Assessment and Identify Omitted Subsequently Improved Parcels Mail Supplemental and Delinquency Notices , Calculate Annual Assessment Rates for Upcoming Fiscal Year kT. 1,..........,.........11I..1 ......I"\.I"'T Schedule November - December, 1997 Comments from Area (within 7 days of draft submittal) Mailed December 1997. January 1998 Documents to be properly published and adopted by Area prior to October 1997 Phase 3 with January, 1998 Roll January - April, 1998, or1999,2000 Bills January - April, 1998, 1999,2000 May, 1998, 1999,2000 A-7 Payment Schedule 50% of Phase 2 total lump sum fee 50% of Phase 2 total lump sum fee 30% of annual Phase 3 lump sum fee I ~ lC. L L ' c.. v r... L\ - c.. . - -= U ~UG~-V~~-VUO nu~~ TUSCAWILLA IMPROVEMENT AND BEAUTIFICATION AREA DELlVERABL,ES AND PAYMENT SCHEDULES (continued) Deliverable ~hedufe Payment Schedule Preliminary Assessment Resolution June - July 1998, 1999, 2000 First Class Notices June - July 1998, 1999,2000 40% of annual Phase 3 lump sum fee Published Notice June - July 1998, 1999,2000 Annual Assessment Resolution July - August 1998, 1999,2000 Certified Assessment Roll by September 15,1998, 1999, 2000 ' 30% of annual Phase 3 lump sum fee A-8 ".. T. I ^^^. 1""1)",1 ^^.,-... T