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.
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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
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,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 &
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, Ronald W. McLemore
May 12. 1997
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, 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).
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Ronald W. McLemore
May 12, 1997
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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.
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Ronald W. Mclemore
May 12, 1997
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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.)
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,Ronald W. McLemore
May 12, 1997
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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:
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Ronald W. McLemore,
May 12" 1997
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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.)
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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.
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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.
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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
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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
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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.
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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
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10% of Phase 1 (D) fees
Phase 2
November - December 1997
November - December 1997
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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
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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
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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
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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
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