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HomeMy WebLinkAbout1997 04 28 Regular Item G .. I r COMMISSION AGENDA ITEM G REGULAR X CONSENT INFORMATIONAL April 28. 1997 Meeting MAR,{W/DEPT. Authorization REQUEST: City Manager requesting the Commission to authorize the City Manager to enter into an agreement with the joint venture firm of Governmental Services Group, Inc. (G. S.C.) and Nabors, Giblin and Nickerson (NG&N) to develop an Assessment District to construct a wall for the Oak Forest subdivision. PURPOSE: The purpose of this Agenda Item is acquire Commission authority for the City Manager to enter into an agreement with the joint venture group of G.S.c. and NG& N to perform the necessary studies and to develop all of the documents necessary to effectuate an Assessment District to finance the construction and perpetual maintenance of a beautification and buffer wall for the Oak Forest subdivision. CONSIDERATIONS: The residents of Oak Forest subdivision desire to build an architectural quality wall to provide the subdivision protection from the Tuskawilla Road Widening Project and to enhance the beauty of the neighborhood. On July 22, 1996, the Commission decided that the residents would be required to pay the full cost of the construction and maintenance of the wall, and agreed to assist the residents in setting up an assessment district to finance it. On April 14, 1997, the City Commission authorized Commissioner McLeod and the City Manager to work with the homeowner's in developing a strategy for implementing the wall project. On April 14, 1997, the City Commission authorized the expenditure of $292,000 in 1% Infrastructure Transportation Sales Taxes to make improvements to the Tuskawilla Road Improvement Project necessary to accommodate the construction of the wall in the road right of way, and for Commissioner McLeod and the City Manager to request same of the County Page 1 Commission at its April 22, 1997 meeting. On April 22, 1997, the County Commission unanimously approved the development of an inter local agreement to allocate $292,000 from the City's share of the 1% Local Option Infrastructure Transportation Sales Tax to make modifications to the Tuskawilla Road Widening Project to accommodate construction of the wall in the road right of way. CSG/NG&N CONTRACT FUNDING: The entire contract will cost $35,000 plus out of pocket expenses not to exceed $4,000. The project will be carried out in two phases. The City will only pay for the phases completed by the firm. If the mail ballot fails the project and contract will terminate at that point. The Phase I of the project, the $7,000 would be appropriated from the General Fund. Phase I consists of the activities necessary to get the project to a ballot. Contract Out of Pocket Ballot Thtal Phase I Other Phases Total $ 5,000 $30.000 $35,000 $1,000 $2.500 $3,500 $1,000 $ 7,000 $ 32,500 $ 39,500 $1,000 If the mail ballot is approved all costs for these services can be recovered from the Assessment District. If the ballot fails, the City would assume the $7,000 Phase I cost. PROJECT FUNDING: The total estimated cost of the entire project is estimated to be $738,000 with the 1% Local Option Sales Tax financing $292,000 and the assessments of the Assessment District financing $446,000. Road Improvements Wall Improvements Total Sales Taxes Assessments Total $292,000 $292,000 $446.000 $446,000 $292,000 446.000 $738,000 RECOMMENDATION: It is recommended that the Commission 1) authorize the City Manager to enter into a contract with the joint venture firm of C.S.G. and NG&N to perform the necessary studies and develop the necessary documents to implement an Assessment District to finance the construction and perpetual maintenance of an architectural quality wall for the Oak Forest subdivision, 2) to authorize the expenditure of $7,000 to complete Phase I of the contract, 3) to authorize an additional $32,000 to complete the project if the mail ballot is successful, 4) authorize the City Manager to proceed immediately with Phase I. Page 2 IMPLEMENTATION: ATTACHMENTS: 1) C.S.G. & NG&N Contract 2) County Agenda Report COMMISSION ACTION: Page 3 GOVERNMENT SERVICES GROUP, IN'C. Providing Solutions & Systems to Local Government February 25, 1997 .Mr: Ronald W. McLemore City Manager . City of Winter Springs' . 1126 E. State Road 434 Winter Springs, Florida 32708 Re: Turn k.ey assessment project services to construct and maintain a beautification, nc:>ise abatement, and public safety' wall for properties in the Oak Forest Subdivision area oUhe City of Winter Springs. Dear Ron: This correspondence is provided in response to your request for a work plan to. provide specialized assistance to the City, its staff and City Attorney in the implementation of a non-ad valorem assessment program for beautification, noise abatement, and safety through the construction of a wall along the westerly right-of-way of Tuskavilla R~ad ,adjacent to the Oak Forest Subdivision area (the "Wall Project") within the City for Fiscal Y~ar 1998-1999 (upo,n substantial completion of the road widening). This proposal provides the joint services ,of the premier assessment law firm, and assessment administration consulting firrn in the 'State of Florida in order to serve your stipulated requirements': . Turn Key Assessment Services . Policy and Issue Analysis . Maximum Legal Defensibility .. Maximum Project Coordination and Continuity . Efficient Use of City Staff and Resources . On Time Delivery . Reasonable Cost . Scope r1.doc 1 03/03/97 SUirE 860. BARNEn BANK BUILDING · 315 S. CALHOUN STREn. TALLAHASSEE. FLORIDA 32301 (904)681-3717. FAX (904) 224-7206 . : t:-S you know, Government Services Group: Jnc: (GSG) is :8 firm that ~rovid.~S manageme~t consulting . services to local governm~.nts \Jtilizingcomputer based technology and process, oriented analysis. GSG' . :". (. . ,..... . - . will be responsible for' the' developme.nt of the. database, used to create, the assessment roll, and the , implel11entation of the assessment program" GSG is an affiliated company ,created and partially owned by , r\Jabors, Giblin & Nickerson, P,A. (UNG&N), a law ,firm' dedicated.to the representation ,of local governments . . "". " 'on issues of finance and taxation. Members of. NG&~ will partici~ate. in develOp[n,g ,and reviewing' the ~l5sessment ap'~ortionment methodo!ogy and a~sist in pro\iiding deliver-abies to en~ure the Wall Project meets the legal sufficiency tests required in FI,orida for a, valid specicillassessment ami' to' en~ure , ' compliance with the I~gal requirements of the' tax bill method of collection. The collectiv~ skills and, . '.... '.. experience of GSG and NG&N are fundam,~ntal to' the' s'uccessfl1l yompletion of this project. We ar~ pleased to participate in such a joint venture tq'.serV8 the City o~ this' project " Attac;hed ~s ~ppendix A is C3 work plan which articul~tes the :serv:ices required by the firms to aS,sist you i~ , structuring andiQ1plementing 'a non-ad valorem as~essment program in a. manner that is conduCive to the imposition and collection of the assessments via the ad valorem tax bili pu~suant to the ,uniform method of ' . . . ".' _ . , I" .. . . collec~ion in section ,197.3632: Florida,Statutes. We understand .that the construction of-the wall ~ill occur' . after widening, of the adjacent roadway is substantiallx completed., Accordingly, the second phase wil~ probably not occur until FiscalVear 1998~1~99. The work plan is divided into three phases: Phase 1 - Structure; Phase 2 - Development; Phase 3.- , _.. " _" . , '. t ... .. .' .' 'Implementati?n. Thes~ p~ases characteriz~ the three m.ajorsteps ,necessary to the developme~t and implementation of an assessment. for the targ,et ~eighborhbod.: These steps also Pfovid,especific points at .' which the City Commission can elect to terminate the assessment project and the consulting engagement- . , . should th~ emerging result~ 'n'ot bepoliticaliy viable, ' . . - I.. We have also attached as Appendix B a projected timeline and an estimate of costs, by Phase. Scope r1,doc 2 03/03/97 :rhe objective of .thisp'roject is to develo'p an ,alternative, funding mechanism (non-ad val9rem ~ssessments) based on pubJic policy set forth by the City's elected officials within the const.raints ot'readily available data and, case law precedent. To accomplish this o'lJjective, we will focus 'on the 'following essential tasks: : .' Determinath:>n of the capita!andmainte~ance assessment'revenue r~q~irements for ttie'~all-Project;' , Provision: ot im'plementation service~ ',ai.m~d at developing a legally defensible, method of,' , apportionment conducive to use with the, Seminole County Pro'perty Appraiser's 'ad valorem tax roll data base; . . .' . I ;" ',. Development of the impl~mentation documentation: using the tax bill collection method which, meets all case law and statutory re~uirements, and' Development of ahaS~eSSI11~nt roll. con'ducive to collecting the' annualasses~ments ,and capable of being effi<:;ientlyupdated 'and used in subsequent years. , . .. .. '. . , ' ' The proposed work plan isdesigned to develop the following ,deliverables during th'is,project: ' Phi[lse One,-Structure .A prelimin~ry whitl?l pap~r analysis whic.hprovides a) the, estimated assessment cost ca'lculations, b). a concePtLi~1 ~escriPtion.of the apportionment m:thodoIOgy; . C) .deVelopment of, a public information flyer and mail out to ,e~ch affected owner, d)' legal sufficiency overview, and e). an implementation schedule: , , Phase Two - D~velopment , ' . Refinement of ~ssessment cost calculations and apportionment methodology;' creation of billing. , system and data base, and A home rule serVice asSessment ordinance. ' . Phase Three,. Implementation . All requisite implementing res?lutfons for the annual as~essment program; . The statutorily required notice and billing documentation required for utilization 'ofthe tax bill collection' .' , .method for the annual a?sessment program;' Scope r1.doc 3 , 03/03/97 . ~ . . Final refinement of billing~,algorithms 'necessary to calculate the, Oak Forest:Yvall Project ~ssessments pursuant to the approved methodology; . Th.e final Oak Forest Wall,Project ~~~essri1ent rates; and' . Update and ,development of an assessment ro'lI in an 'electronic format capableof merging witht~e . '..,., . '. .... '- '. . Seminole Coqnty real property assessment roll in conformity with, the requirements of utilization of the . " ", -' ."'. tax bill collection method forF'i.~cal Year 1997-1998. Pha,se Four - Annual Assessment Update , . Annual review of revenue'requirements , . I'. . Annual update of assessmenf ~esolutio~' :' A.nnual upd~te of rol! Issuance of First Class notices' . . The work plan reflects all of'the tasks' necessary to collect .the assessments via the tax bill collection . . .' -' " '. " '. -. ~et~od. . , ' ' - . " The attached scope of services is based ,on theassumptibn that tlJe city will be an activ'e< participant and' . ,,! '. , I.' :.'. ..' .,'. . - will ~rovide th~ 'necessary cap!tal ~nd maintenance budget :background'information and data required to develop an assessment meth.od910gy. .' For services provided by' q.ur firms, :we will work under a lump sum professi~nal fee arrangement, , , described in the attached scope Qf services and ,receive payment ori a completed phase basis pursuant to . . . . . '. ," . - .., " . the phase schedule presented in Appendix B. A: lull1P sum, method of compensation' eliniinate~ an, . , , ,uncertainty in the total, fee. As discu:ssed earlier, the City may elect to terminate the project and the , engagement atthecompletion of Phase 1 or Phase 2. Our experience has taugh~ l!S that successful completion of a project of this nature undou~tedly requires ' . numerousiterati~ns. . Accordingly; it is important to' unders~and that the payment schedule is purposely skewed to accomplish the mail-out in 'the first phase with only a modest exposure to. the City should a , . ~ ~. I !. substantial number of affe~ted property owners indicate they db not wi,sh to go forward.' '. Scope r1.doc 4 03/03/97, , " . , . I,.' . ,In additian ta the IUITlP sum fee far prafessianal services, we will seek reimburse~ent of actual, casts ,incurred, estimated, at 10. percent .of the prafession?!1 services. , Such casts incl~de' phatacaples, lang ?istance telephane charges,averni.g.ht, delivery' services and traVel expenses. Any travel expenses shall be reimburs~d iriaccardan'ce with secti.On 112.061 ,Flarida Statutes. The .e~timatea~ ca~ts 'daes nat , includ~ the c~sts .of published, natices .or praducing and'mailingindividual'nafices. . We belieye this wark plana!1d proposed fee structure is respansive tathe, City's immediate desire ta . develap a canceptual approach and ta gauge the se~timen't .of affected property .owners'. As well, shauld ' . r ,.. , the City then desire ta mare farward" this pro~asal a,ddresses the implementatian .of a nan-ad valarem , as~essm~nt for the capital portianof; the Wall' Praject and creates a reliable recurring annu~1 revenue saurce far funding the maintenance .of the Wall Project far years ta came. , , VVelqak farward ta wa~kingwith the City of Winter ~pring~ on.this very'.important p!"aject.' If yau, .or any ather City .officials have anyq.uestians,' please feel free ta' telephane either Mark Lawsan .or myself. " ' Sincerely, .~...~~.~.". ,-of.~. ~~~ . T. Duncan Rase III . : Managing. Direct~r " ,'( " Scope r1.doc 5 03/03/97 Scope r1.doc ! . , APPENDIX A PROPOSED SCOPE OF SERVICES ". , .. " 6 03/03/97 . , ' City of \Ninter S~rings , . -Proposed Assessment Program for the Oak Forest ~~II Project' SCOPE OF SERVICES (Presentedintask prder rather than billed Phase order; billed Phase'order is described in AppendixB) . .I . . '. ,- ,\ ,", . 1) Evaluate the City's existing I~gal documents, ad valorem' tax roll information, construction cost . ' estimates 'or plans, agre~ments, reports and other data' pertaining to the creation and maintenance of the-Wall Project. I ' . 2) Prepare the necess~ry notice 'of intent resolutions to use the tax bi!1 collection' method and' ensure appropriate adverti~~~ent of'.the public heati~g' to ~d.o~t t~e noti~e of intent resolution for the' assessme.nt program. , .' " 3) '. ... . identify, the estimated, full cosf of the ,Wall'Project. , . ' 4)' . . . ., - . U~ing the ad valorem roll approved by the:Flbrida'Departmemt of Revenue for Fisc'al Year 1996~, . , . - - , 97, develop a ~ethod, of apportionment; classification of properties 'and the use of t,he. qata6~ the' ". ad valorem ,roll. Review the: assessment m~thodology for legal suffid~ncy and compatibility with' , the tax bill method ,of collection. 5) Advise the City in determining'the total Wall project~ssessment revenue requirements to ensure " the City recovers the' costs of: (a) c;:onstructirig and financing the Wall Project, (b) ,maintaining the' , . ,'.'.' .. . . Wall Pro~ect, (c) implementing the program and (d) collecting the asse~sments.- 6) Using the ad valorem roll approved by the Florida Oepartm~nt of Revenue for Fiscal Year 1996- . -' . 9~, create an assessment roll database using'the City's most recent ad valorem tax roll. Test the, . . , ,sufficiency of the database by developing reports to aGcess property use information.' 7) Using the ad valorem roll approved: by, the Florida Department of Revenue for Fiscal Year 1996- - '. . 97, apply apportionment methodology to assessment roll database to test the data validity Cl~d legal suffici~ncy. Revise the apportionment methodology, as necessary. A-7 8) Usin~ th~ acivalorem r~lIapp~~ved b~ the. Florida Department of Revenue for Fiscal Year 199.6- 97, ?alculate, a proforma schedule, ot' r~tes bas~d o~ the apportionment methodolO~Y and revenu,e requiremE1nts for th~ ~ssessni~nt'progra~ and deliver a 'brief white paperoutlin.i~g the approach and:issues involveq in the Wall Project. lriconjunctlon,with the City', develop a public information "T ' flyer and nOIl-bindi,hg, mail-out to g~ugeacceptan~e of the Wall Project by affected property owners. 9) Draft a home rule service: assessment' ordinance -which provides the, City with theftexibility to impose and collect ~ssessmehts using the non-ad valo'rem collection method. . . -.' . / 10) Update the asSessment roll f?r use in'the assessment program to correlate with revisions to a subsequent:FiscalYear ag valoremt~x:ro)1. 11) Calculate. final schedule, of rates based on'the apportionment methodology, and revenue require~entsforth~ Fiscal Y~ar in which th.e ~ss'essment progrClm is to commence, , . . . - . . I' . . 12) Draft an initial asses~.ment. resolution th~t conf9rms to the assessment ordinance to impose the assessments and !mp.!ement.th~ City's policy d,ecisions ~nd proposed methodology. .; , . l . , 13) Draft a. final as~ess~ent resolutiO~ri thatconforms)o the assessment ordinanye t,o'imposethe '.' "assessments which adopts final assessment rates. ' . , 14) ",Advise and assist~ith the legal requirements for the adopti<;>n of the final' ass'essment rate, ' re~olutio'n C1nd certification'ofthe assess~ent roll in ac.cordance ,with section 197.3632, Florida $'tatutes including.: (a), the de~eloPrt:lent of the first clas.s notice and its distribution; (b) publi~ation of the public ~earirig, (c) development of a 'public information sheet (d) a'ttendance at the publi~ , " . hearing, and (e) the c~rtificatjon of the assessment roll,tl:>.the Se:m'ii-,ole County Tax .Collector. Fee and Costs' " For services provided by GSG and NG&N, the lump sum fee for the propos'ed scope of services . ' " . -.' " will be $35,000.00, The lump~sum fee would b'e due and payable pursuant to the schedule in Appendix B. In addition to the lump sum fee, we will seek reimbursement of costs incurred estimated at 10 percent of . , ( , theprofession~1 services, or approxima~ely $3,500.00.. Such costs inClude travel .expenses, photocopies, . '. - "I' . long ,distance telephone' charges, al)d overnight, delivery se,rvices. Any' travel expenses shall be. , . reimbursed in ,accordance wit~ section 112.061, Flo~ida Statutes, Reimb~rsable c?~t~wi.llbe passed to A-8 , th~ City at actual cost with no mark up. The es~ima~e o~ costs, does not. include the co,st~ .of ,producing and mCllilingthe; notices which will depend on the', number of assessable' parcels of property affected by the wail Proj~ct. , · ' , .' " .' In' addition to fhe on-siteyisits.. by .GSG and NG&N to conduct field work, the lump sum fe~ includ,es an aggregate of eight total on-site, visits to the City by GSG and NG&N professional st~ff, including two meetings with City elec~ed offici~ls to (1) prese:n~ the white. paper, (2) presen,t.the', Assessment Ordinance, (3)' present the ;Initial Assessment R~solution and (4) assist in the final: rate adoption process. Meetings' in :excess of those contemp..la'ted mCiY, be arranged .at our standard hourly. rates. . ..' Annual Updates, . .' On a recurring' basis: we will also beayailable to assis,t the City in the annual update of the Wall Project assessment progranifor ~fee ~o :bedet~rmined upon coinpleti~n of,~his project. . Su~h annual update assistanc~ would include the annual review of reven~e requirements, th.e a.ri~ual update of assessmentresolutionJs), and annual update of roll, and th~ issua.nce offirst class notices. ..' " " ,.. , A-9 ' r. APPENDIX B' PROJECTED PHASE AND TASKTIMELlNE AND COSTS BY PHASE A-10 Phase I ' , Marctl/ApriI1997: April/May 1997: . .!' ,. , OAK FOREST WALL " , ' , AS~E~SIV!~r:..IT PROJECT,' ' .' TURN KEY PROPOSAL Anticipated '~imelirie and Esti!11ated, Pr6fessionar Fees Planning, ,'. 'Develop Conceptual Apportionment Method Determine Pro-forma Assessment Rates . ,'.J ' . Brief City Commissi(~m, Draft Repo~ Final Report to City Commission Mail qut Ballot . . Tabulate'Ballot Results Legal Cost, Assessment Administration Cost Total Phase I' . '- '$2,000 $3:000 $5,000 . Phase /I May 1997: Diwe/op,11ient Draft Assessment Ordinance c Deter,mine'initial Billing Aigqrithms Development of Billing Da~a Base . Programming of BillingAlgorithms' Testing of Billing System- Final Assessment Ordinance (Adopt Ordinance) Legal Cost Assessment Administration Total Phase II " $ 5,000 $ 8,000 , $13,000 ' A-11 . ; ,Implementation (note: this'phase may not be effe(:ted until 1998, depending upon completion of the wall.) Preparation of Initial Assessment Resolution Preparation of Preliminary Assessment Roll Validation of Preliminary Assessment Roll (Adoption of Preliminary Rate Resolution) " Preparation, Printing and Mailing of First Cla~s Notices Preparationahd Publishing of Required Published Nbtic~' Preparation of Final Asses'sment Rates Preparation of'Final.Assessment Resolution, Generation of Final Assessment Roll , Required Public Hearing " (Adoption of Final Rate Resolution) . Phase III June.. July 1997: , August 1997: ",; . September 1997: (Certification of Roll) October 1997: CorreCtion and Update of Roll ~ Errors and Insertions' Coor9ination of final electronic roll with Tax Colle9tor November 1997:: Mailing of TaxBill , December 1997 , to March 1998: Collection (by Proper:ty'Appraiser) Legal ,Cost " ' , , Assessment Administration'Cost '$ 8,000 . $ 9,000 . '$17,000 Totai Legal Cost' Total Assessment Administration Cost Total <:;bst. $15,000 $20,000 ' ' $35,000.' '.I Phase IV ,Annual Update . .' Annual review of revenue requirements .' 'Annual update otClssessment resolution . Annual update of roll ' Issuance of first class notices. Legal Cost Asse~sment Administration Cost $ 2,500 ' $ 12,500 ' $ 15,000- " , A..12- " . , :