Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 12, 2014
August 12, 2014 - Regular Meeting
Agenda Item #54

Washington Gardens Street Lighting MSBU


Contact and/or Presenter Information

Sherri Robinson, Assessment Coordinator - x7334

Jeff Streitmatter III, P.E., Project Management Div. Manager - x7331

Action Requested

Adoption of Resolution R-14-101 amending the Washington Gardens Street Lighting MSBU from $45.00 per parcel per year to $65.25 per parcel per year.

Enabling/Regulating Authority

Chapter 125.01 (Q), Florida Statutes, provides for the establishment of a MSBU and provides that the BCC shall be the governing Board of any MSBU created.

Chapter 125.01 (R), Florida Statutes, provides for the County to levy, collect, and enforce special assessments within a MSBU.

Chapter 197.3632, Florida Statutes, provides for the use of the Uniform Method for the levy, collection, and enforcement of Non-Ad Valorem Assessments.

Background Discussion
  • A petition was submitted by 39% of the property owners in Washington Gardens requesting streetlights.  Since we did not have the required percentage of 55% in favor of the project, the petition was considered invalid and returned for additional signatures.  During a Board meeting, the Board of County Commissioners (BCC) requested that we send out postcards to see if there was any interest in receiving additional information regarding our street lighting program.  After receiving 55% of the property owners in favor of receiving more information, a First Public Information Meeting was held with the property owners to discuss the proposed street lighting project.

  • March 23, 2011, a site visit was conducted with Peace River Electric Coop (PRECO).

  • April 2011, an estimate was submitted by PRECO.  Since this area is in a Community Development Block Grant (CDBG) area, all installation costs including the vandal shields were eligible for CDBG Funding.  The property owners would only be responsible for the annual maintenance and operation costs of the streetlights.

  • May 27, 2011, a letter was mailed to the property owners along with a postcard.  The purpose of the postcard was to enable each property owner to register whether they were in favor of, or opposed to, the proposed street lighting project after hearing the proposed assessment.

  • June 10, 2011, and June 24, 2011, reminder postcards were mailed to the property owners who did not respond to the first postcard poll.

  • July 13, 2011, the results of the postcard poll were as follows:

    In favor:  63 = 68%
    In opposition:  1 = 1%
    No response:  28 = 31%

  • August 23, 2011, the BCC adopted Ordinance 11-033 which established a Street Lighting MSBU for Washington Gardens.  The annual assessment associated with this MSBU of $68.47 per parcel per year was calculated by determining the costs over the immediate 12 month period, and included the PRECO charges, Property Appraiser Fees and Tax Collector Fees, and Indirect Costs.  Indirect Costs were based on a flat rate of $1,000.00 + $5.00 per parcel for the first year.  For the second year and all subsequent years, the Indirect Costs were to be reduced to a flat rate of $500.00 + $5.00 per parcel.

  • December 19, 2011, Purchase Order #P1200515 for $28,715.80 was issued to PRECO for the installation of the streetlights and vandal shields in Washington Gardens.  Since the project was being funded through CDBG, PRECO was to comply with Federal Regulations.  Those regulations were attached to the Purchase Order and were also discussed with PRECO prior to it being issued.  After several requests to PRECO for information in determining the level of compliance with Federal Regulations that would be required for this project, PRECO stated that they are bound by Federal Regulations that prevent them from providing such information.  Since they could not give us any information, they offered us three (3) options:

    Option #1 - PRECO to complete the installation of the streetlights without providing information necessary to document compliance with Federal Regulations.  With this option, the property owners would be responsible for the installation costs of the streetlights and vandal shields as well as the maintenance and operation costs unless other funding was available.

    Option #2 - PRECO would have one of their subcontractors, Pike Electric complete the installation of the streetlights.  Pike Electric would be required to comply with Federal Regulations for the project.  This would be the more expensive option.

    Option #3 - PRECO would provide a meter connection point only for Washington Gardens.  This option would require Manatee County to hire their own contractor to install the streetlights.  If this Option was selected, PRECO would not accept the work nor would they assume maintenance of the streetlights. 

  • After discussing the three (3) options, it was decided that we would proceed with Option 2.  On January 18, 2012, a meeting was held with the County, PRECO, and Pike Electric staff.  During this meeting, a second conflict was discovered when discussing the classification of employees under the wage determination and the employee interview process.  Since the only job classification that dealt with electrical work was the electrician classification, any employees doing the cabling or connecting electrical fixtures would have to be paid as an electrician.  PRECO and Pike Electric indicated that the employees they would use for the job, whether truck driver or laborer, would perform all aspects of the job.  They also indicated that their employees are called linemen which has different state licensing requirements than an electrician.  After much discussion, we decided to move forward with Option 2.  Pike Electric was directed by PRECO to submit a quote to do the work and Bill O'Shea of Neighborhood Services would request a lineman classification from the Department of Labor.  All parties agreed to work together to get this project completed as promised to the residents of Washington Gardens.

  • While requesting a lineman classification from the Department of Labor, PRECO was asked to provide a job description and the rate of pay.   They provided the job description, but indicated that the rate of pay was one of the items they could not provide.  Since Pike Electric was the subcontractor, they were contacted to provide the rate of pay.  A third conflict arose when both contractors were asked to sign the request for the lineman classification for the Department of Labor.   An e-mail was received on January 19, 2012, from PRECO stating that they would not sign off  on any information regarding wages or benefits.  The only option left was Option 3 for PRECO to provide a meter connection only and Manatee County could install the streetlights.

  • After further discussions with PRECO and Pike Electric, they agreed that they would  pay their employees as electricians, and that they would still honor the quote submitted to us on March 22, 2012, for $42,473.27 even though the pay rate of an electrician was higher than a lineman.

  • March 8, 2012, a meeting was held with the Homeowner's Association for Washington Gardens, staff from Manatee County, representatives from PRECO, and representatives from Pike Electric to discuss the project.

  • April 13, 2012, a new Purchase Order #P1201147 for $42,473.27 was issued to PRECO for the installation of the streetlights in Washington Gardens.  The streetlights were to be installed by their subcontractor, Pike Electric.

  • May 3, 2013, Pike Electric completed the installation of the streetlights in Washington Gardens.
  • Since this was the second year for this MSBU, Indirect Costs were to be lowered to a flat fee of $500.00 + $5.00 per parcel.  Based on this, a Public Hearing to amend the Washington Gardens Street Lighting MSBU was held on September 11, 2012.  The BCC adopted Resolution R-12-192 which amended the Washington Gardens Street Lighting MSBU by decreasing the assessment from $68.47 per parcel per year to $45.00 per parcel per year.

  • The Financial Management Department has determined that the assessment per property owner needs to be increased from $45.00 per parcel per year to $65.25 per parcel per year to cover the actual costs that we are billed for the lighting.

  • June 17, 2014, the BCC authorized setting a Public Hearing for July 29, 2014, to consider amending the Washington Gardens Street Lighting MSBU by increasing the assessment from $45.00 per parcel per year to $65.25 per parcel per year.

  • Due to the Public Notices not being advertised as required, the Public Hearings were rescheduled to August 12, 2014.  Property owners were notified of the new date.

  • It is anticipated that this assessment of $65.25 per parcel per year will remain consistent for a number of years.  However, we cannot predict substantial increases or decreases on the cost of utilities imposed by our electric companies.

County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Please record Resolution R-14-101, Exhibit "A" (Assessment Roll), Exhibit "B", Part 1 of 2 (Letter to Property Owners), Exhibit "B", Part 2 of  2 (Attachment to Letter to Property Owners), and Proof of Publication.  Send copies of recorded documents to Sherri Robinson, Assessment Coordinator - Public Works/Project Management Division (E-Mail: sherri.robinson@mymanatee.org). 

Recording Fees to be charged to Account #700013.

Cost and Funds Source Account Number and Name
Washington Gardens Street Lighting MSBU - $6,003.00 (Account #821-0000000)

Amount and Frequency of Recurring Costs

Attachment:  Resolution.pdf
Attachment:  Exhibit A.pdf
Attachment:  Exhibit B - Part 1 of 2.pdf
Attachment:  Exhibit B - Part 2 of 2.pdf
Attachment:  List of Property Owners.pdf
Attachment:  Location Map.pdf
Attachment:  Proof of Publication.pdf