Call for Presentations/Papers - Growth & Infrastructure Consortium

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DRAFT CONFERENCE PROGRAM
GIC Conference 2013
“Funding the Next Generation of Infrastructure”
Chaparral Suites Resort, Scottsdale, AZ
Day/ Time
Wednesday, October 2
3-7 pm
5-7 pm
Thursday, October 3
7am-4pm
7:30 - 8:15 am
8:15 - 9:30 am
9:45 - 11:00 am
11:15 - 12:30 pm
12:30 - 2:15 pm
2:30 - 3:45 pm
3:45 - 4:00 pm
4:00 - 5:15 pm
5:30 pm
5:30 - 7:30 pm
Friday, October 4
All Morning
7:30 - 8:15 am
8:30 - 9:45 am
10:00 - 11:15 am
11:30 - 1:00 pm
Dining Room
Breakout # 1
Breakout # 2
Registration
Opening Reception
Registration
Continental Breakfast - Welcome
Designing Local Improvement
Impact Fee Basics: Keeping it
Districts So Everyone Wants In
Betw een the Lines
Fiscal Impacts of Smart Grow th:
Administrators’ Roundtable: Most
When Research/Advocacy Collide Difficult/ Challenging Cases
The NMTC Blender: Using New
Living w ith SB 1525: Impact Fees
Markets Tax Credit Financing
under Arizona’s New Act (part 1)
Lunch and Plenary Session: The Reality of Infrastructure: So Solid and Permanent Everyone Takes it for
Granted (1:00 - 2:15 pm)
Trends in Water and Wastew ater
The Banberry Legacy at 30
Rates and Finance
Refreshments
Not Your Father’s Transportation Innovative Community
Funding
Engagement w ith Mobile Apps
Deadline for Voting in Board of Directors Election
Thursday Evening Dinner
Registration
Breakfast - Annual Membership Meeting
Funding Transportation
Infrastructure and Maintenance
How Will We Grow ?: Manatee
County’s Approach
Living w ith SB 1525: Impact Fees
under Arizona’s New Act (part 2)
The Balanced Approach to Capital
Improvements Programming
Lunch and Plenary Session: 2013 Case Law Update, APFO and Impact Fee Trends (11:45 - 1:00 pm)
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SESSION DESCRIPTIONS
Designing Local Improvement Districts (LIDs) so Everyone Wants In
This is not your father’s LID formation technique that applied a simple proportionate share
calculation, and then hoped for buy in. Instead, engineers, planners, real estate appraisers and
noise abatement experts are combining their unique expertise to create innovations in LID
financial models using sound reduction and property valuations as a basis for establishing the
assessment formula. LID assessments which utilize a zone and termini assessment methodology
are the “industry standard” and most often cited in building an assessment model. The
zone/termini method is so standardized that in many cases the assessment formula is prescribed in
state statute (ex. Washington State). Despite that standardization, most state statutes allow the
development of alternative assessment methodology. In those cases, it is imperative that the local
jurisdiction develop sufficient rationale and technical analysis to justify an alternative assessment
method. This presentation will review LID case studies from Vancouver (WA) and Portland
(OR), including perhaps the first ever LID assessments that were used for Streetcars, Tramways,
and Railroad noise mitigation. These case studies represent the state of practice in the Pacific
Northwest. Utilization of this methodology and other innovative methodology opens the door to
new ways of thinking about building technical analysis and models for future LID assessments.
Speakers: Matt Ransom (Vancouver, WA); Todd Chase (FSC)
Impact Fee Basics: Keeping it Between the Lines
We will review key principles of impact fee practice, but also discuss “non-impact fee” factors
that fee administrators face, including prior development agreements, the relationship of other
funding sources to the fee program, and emerging trends in light of the political resistance impact
fees face in this economy. Tyson Smith will cover the legal issues, discussing fundamental
authority issues and legal parameters. He also will review typical challenges to impact fee
programs and suggest “Practice Points” for avoiding litigation. Carson Bise will discuss
alternative means of calculating impact fees based on the needs of a particular local government,
the data available, and local planning and CIP practices. Mr. Bise also will review several case
studies to illustrate implementation techniques. Scott McCarty will, using case studies, discuss the
key elements of program implementation and administration including the importance of
reporting, comparing performance to long-term projections and economic impact studies, and
identifying key policy issues for elected officials.
Speakers: Tyson Smith (White & Smith, LLC); Carson Bise (TischlerBise); Scott McCarty
(Finance Director, Town of Paradise Valley, Arizona)
Fiscal Impacts of Smart Growth: When Advocacy and Research Collide No One Wins
This will be a session on the most recent report by Smart Growth America on the fiscal impacts of
smart growth. This is a Chamber of Commerce research report which glorifies simple positive
impacts and provides no context as to why impacts are positive and what other locations are
getting the negative. This was a report that fired its consultant when the consultant came out with
a much more balanced view of the findings. To what degree do we accept this as reflecting the
truth when the research consultant has been terminated? What are the real results that Smart
Growth America couldn’t deal with? How much positive is necessary to communicate a point?
Can we not have a more balanced view and still communicate the same message?
Speakers: Robert Burchell (Rutgers); Terry Moore (ECONorthwest); Carson Bise (TischlerBise)
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Administrative Roundtable: Most Difficult/Challenging Cases
This session is envisioned as a combination of a panel and an administrative roundtable. The panel
will include impact fee managers/coordinators as well as technical and legal consultants.
Examples of some of the most challenging issues faced by the administrators on the panel will be
discussed. In addition, the audience is encouraged to come prepared with some of their most
significant challenges in administering their impact fee programs. Each issue will be discussed in
terms of the background, how it was handled, and whether the panel and/or the audience/session
participants would recommend a different approach. The goal of the session is a lively discourse
as well as gaining new perspectives and solutions to hard-to-answer questions and complex
projects. If this format is successful it would be a great addition to future conferences, thereby
creating a venue for administrators and professionals to brainstorm, problem solve and work
towards consistent best practices.
Panelists: Amy Patterson (Collier County, FL); Steve Tindale and Nilgun Kamp (Tindale-Oliver);
Tyson Smith (White & Smith)
The NMTC Blender – Utilizing New Markets Tax Credit Financing
With the end of Redevelopment financing, many public agencies are looking to the New Markets
Tax Credit (NMTC) Program and Public-Private Partnerships (PPP) to finance community
facilites, and other local projects. This panel will discuss PPP and NMTCs and how public
agencies can benefit from these financing structures. City Staff and PPP practitioners will share
their experiences leveraging different financing sources in order to deliver the largest benefit to
their project. Find out how PPP and NMTCs operate, which sources are easier to leverage and
why. The panel will discuss the use of foundation money, bonds, grants, and HUD sources, to
name a few.
Speakers: Jose Ometeotl (Willdan); Alberto Lemus (Lowe Enterprises); Andrew Palomares (Port
of Hueneme Harbor District)
Living with SB 1525: Impact Fee Updates Under Arizona’s New Act, Part 1
Detailed discussion of practical issues encountered in updating impact fees under Arizona new act,
in two parts. The two parts are the same format, with some different panelists in the second part.
The format is panel discussion plus audience participation. The physical layout will be a
moderator front and center, and four panelists sitting at tables in a V, facing each other and the
audience. There will be no PowerPoint presentations. The panelists will each in turn pose a topic
to stimulate discussion among the panel. No topic will get more than 12 minutes. The
presentation of each topic will be no more than two minutes, each of the other panelists will get up
to one minute to respond, and then we will open it up to the audience for discussion. After 15
minutes or if discussion lags, we will move on to the next topic. Topics for this first part may
include (topics will be finalized soon): (1) When are multiple service areas required? (2) Does
SB 1525 rule out certain fee calculation methodologies? (3) Must developer credits be made
transferable? (4) Can regional parks, open space or trail fees be just justified under the “direct
benefit” language? (5) How do you track and apply developer credits?
Moderator/Timekeeper: Clancy Mullen (Duncan Associates)
Panelists: Carson Bise (TischlerBise); Andrew McGuire (Gust Rosenfeld); Katie Gregory
(Peoria, AZ); Tracy DeSomma (Goodyear, AZ)
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The Reality of Infrastructure: So Permanent and Solid that Everyone Takes it for Granted
This is a session on the nature of infrastructure and why the citizens of the United States take it for
granted. The session will attempt to answer the following questions:
□
Of the 14 categories of infrastructure identified by the American Society of Civil
Engineers (ASCE), which are the most critical for growth and economic development?
□
What would have to happen to these categories of infrastructure to bring the decline of
infrastructure to the forefront of American concern?
□
How far are we from this happening? Could infrastructure ever command national
attention?
□
What can be done by planners to ensure that the decline in infrastructure that would
command American attention never happens?
□
What are the specific strategies that must be undertaken by planners to prevent
infrastructure decline? What is the necessary triage that will enable financing to be
appropriate?
□
What are the specific costs of such strategies? Where would revenues come from?
□
How could the above alter the mission of GIC? What would this mean in terms of
membership?
Speakers: Robert Burchell (Rutgers); Robert Freilich (Freilich and Popowitz); Carter Froelich
(DPFG)
Trends in Water & Wastewater Rates and Finance
Nationally, combined water and wastewater rates have increased dramatically over the past five
years. At the same time, revenues are increasing at a slower rate and expenses are increasing at a
faster rate. A variety of factors have combined to cause revenue growth to be a growing concern:
conservation rates leading to decreased volume, economic conditions leading to decreased
volume, and foreclosures leading to decreased volume and base fees. Rating agencies are
increasingly concerned about utility viability. These essential services are now challenged with
maintenance expenses, operating expenses, and increased capital expenses. The session will also
describe funding available through State Revolving Funds, including Arizona’s Water
Infrastructure Finance Authority. The panel participants will present national and Arizona
challenges, solutions, and insights. [temporary merged description]
Speakers: Greg Schwartz and Helen Cregger (Piper Jaffray); Dan Jackson (economists.com);
Susan Craig (Water Infrastructure Finance Authority of Arizona); AZ utility manager TBD
The Banberry Legacy at 30
In 1981, the Utah Supreme Court in Banberry v. South Jordan City established criteria by which to
assess whether an impact fee was constitutional under Utah Law and indirectly under the US
Constitution. By 1983, the “Banberry Criteria” was used routinely by economists and professional
planners in their impact fee work in most states. This session will assess the Banberry legacy
going on 30 years. It will begin with a review by Craig Call, a Utah attorney and president of the
Utah Land Use Institute, of the legal context leading to the court case and its principal elements.
Dr, James C. Nicholas, will review how economists and professional planners incorporated the
Banberry Criteria in their practice. Dr. Arthur C. Nelson will moderate the panel.
Speakers: Chris Nelson (U. of Utah); Craig Call (Utah Law Institute); Jim Nicholas (U. of FL)
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Not Your Father’s Transportation Program
This presentation will provide an overview of the sweeping changes underway in federal and state
government approaches to funding of transportation projects and programs. A number of clear
trends will reshape the transportation landscape over the next decade:
•
the shift away from Congressional earmarks toward “merit-based discretionary grants”
chosen by administrative agencies;
•
the rise of new debt financing systems that began with GARVEE bonds and now includes
the TIFIA program, infrastructure banks and similar measures;
•
the deployment of PPP (public-private partnership) approaches for major projects; and,
•
the general unwillingness in Washington to maintain surface transportation program
funding levels, placing pressure back on state and local governments to raise fees and taxes.
Taken together, these changes represent the most fundamental restructuring of transportation
funding since the 1950s. How are state and local governments adapting? Are mileage fees likely
to be implemented by the state DOTs? Will these changes encourage or discourage new state and
local impact fee systems? What strategies can landowners, developers and builders use to help
state and local agencies balance growth with infrastructure? Answers to these questions are
beginning to emerge and are of critical importance to professional planners and designers engaged
in guiding growth and infrastructure development.
Speaker: James Charlier (Charlier Associates); Roger Hoffman (Northern Colorado Commuter
Rail)
Innovative Community Engagement with Mobile Apps
The prevalence of mobile devices has reached a critical mass while social media is becoming a
feature of political and civic engagement for many Americans. Communities are finding
tremendous potential to better engage their constituents through mobile, interactive, and social
media. You’ll hear about the increasing number of tools to include more community members in
the planning process, how these trends apply to infrastructure funding, and perspectives from the
Western Riverside Council of Governments (WRCOG) and their mobile app experience.
Speakers: Darren Henderson, Ryan Cook and Thomas Coleman (Parsons Brinckerhoff);
Ruthanne Taylor Berger (Western Riverside Council of Governments, CA)
Funding Transportation Infrastructure and Maintenance
This session will cover several topics related to transportation capital and maintenance funding.
Bob Wallace chair this panel and will also describe where we are with respect to mobility fees in
Florida, including one county that did a comprehensive transportation funding study that resulted
in the repeal of its transportation impact fee. Find out what sources of funding that county used to
fund the long range multi-modal transportation system, both for capital projects and operations
and maintenance. Bob will use practical examples to illustrate various funding approaches. Then
Scott McCarty and Jim Shano will lead a panel discussion on pavement management systems.
Governments spend billions on street construction, reconstruction and preservation programs. The
panel will discuss successful street preservation programs (including how they are funded) of two
Arizona cities: the Town of Paradise Valley and an additional city to be determined. Both cities
understand the value of maintaining street conditions at levels that avoid major reconstruction,
which is much more costly. Panelists will describe the evolution of their preservation programs
and identify strategies to develop and fund more robust programs in your community.
Moderator: Bob Wallace (Tindale-Oliver)
Panelists: Bob Wallace, Scott McCarty and Jim Shano (Paradise Valley, AZ); another AZ public
works director TBD
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Living with SB 1525: Impact Fee Updates Under Arizona’s New Act, Part 2
A continuation of Part 1, with the following topics to be addressed (topics will be finalized soon):
(1) What is the role of the Infrastructure Improvements Plan? (2) How does long-range utility
planning fit into a 10-year IIP? (3) Will refunds be required if an improvement in the IIP is not
built? (4) How do you track fee payments in case of refunds are required? (4) What kind of debt
information is necessary for a fee update? (5) What will a biennial audit entail, who will do it and
how much will it cost? (6) How do you know if you have an “excess” construction sales tax?
Moderator/Timekeeper: Carson Bise (TischlerBise)
Panelists: Clancy Mullen (Duncan Associates); Andrew Rheem (Red Oak); Stacey Lemos (Oro
Valley, AZ); another AZ city rep TBD
How Will We Grow? A Study of Manatee County, FL’s Approach to Right-Sizing its Land
Use and Infrastructure Plans
This is a follow-up from the 2012 GIC session.
Background. Through the How Will We Grow? project, Manatee County, FL studied its
development patterns, process and its relationship to the cost of growth and serving the
community. The question was asked - “Is there a better development pattern that is less
expensive to serve than the current suburban growth pattern?” and how does this compare to what
type of community Manatee County wants to be? The How Will We Grow? report analyzed three
growth alternatives and their impacts on infrastructure and services. The County brought in the
Urban Land Institute (ULI) for a 2nd opinion, which generally reinforced staff’s analysis. Staff
brought the three alternatives to the Board in June 2013, and the Board made its recommendation
for a new growth plan.
Issue. Balancing a greater focus on redevelopment of the “urban core” of the county versus
existing greenfield development pressures (with new and the existing thousands of entitled lots in
low density subdivisions from the boom years) in the hinterlands of the county with limited
resources.
Task. Manatee County must “right size” its land development regulations, public works
engineering standards, concurrency rules, utility extension rules, level of service standards, capital
improvements planning prioritization and associated fee structure to reflect this new growth plan.
Presentation. Briefly present the background of the project and discuss the challenges associated
with a new growth plan and new tasks beyond typical land use planning. This includes the
incorporation of the major challenges associated with refocusing limited resources on areas
already developed, but areas in need of redevelopment, major infrastructure reconstruction, and
place making.
Speakers: John Osborne and Dan Schlandt (Manatee County, FL)
The Balanced Approach to Capital/Infrastructure Improvement Plans
Planning and developing a capital program or infrastructure improvement plan with various
financing sources to fund capital projects takes a team of multi-discipline professionals in an
organization. Council provides the vision and goals to achieve the services citizens’ desire in their
community. The type of funding sources to fund a plan can impact both residential and business
customers depending on the revenue type such as property taxes, impact fees, bonds, etc. This
session will discuss the importance of having a “balanced approach” to developing the capital or
infrastructure improvement plan by involving Council, executive leadership, planning, finance
and legal to not only develop a successful plan but at the end, being able to legally implement it.
The approaches taken and issues faced with the development of the capital program with the
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limitations of funding sources communities continue to face, particularly in Arizona, will be
discussed by this panel from the perspective of a Town Manager, Finance Directors, and Attorney.
In this session, they will provide examples of the most effective way to do this as well as “what
can be done better” from their experience in small to large communities in Arizona.
Moderator: Pat Walker (Pat Walker Consulting)
Panelists: Scott McCarty (Paradise Valley, AZ); Robert Smith (Chino Valley, AZ); Andrew
McGuire (Gust Rosenfeld); Dawn Lang (Chandler, AZ)
Case Law and Legal Update 2013/Impact Fee Trends
Tyson Smith with discuss judicial trends in growth-related infrastructure finance, including any
cases discussed at the 2012 Conference that have been resolved on appeal, including the Koontz
case heard by the U.S. Supreme Court in January (a decision is expected by June). In addition,
Mr. Smith will share the findings he is presenting in an article he currently is preparing on
Adequate Public Facilities Ordinances for the American Planning Association. Clancy Mullen
will present the results from his latest national impact fee survey, attempt to identify trends in fees
levels, and review several state legislative changes relating to impact fee enabling acts.
Speakers: Tyson Smith (White & Smith); Clancy Mullen (Duncan Associates)
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SPEAKERS
Carson Bise, AICP, President, TischlerBise, Bethesda, MD
Carson Bise has eighteen years of professional experience in fiscal, economic and planning
activities, and holds BS degrees in Geography and Political Science and an MBA in Economics.
Mr. Bise has completed over 125 impact fees in 11 different states for the following infrastructure
categories: parks and recreation, open space, police, fire, schools, water, sewer, roads, municipal
power and general government facilities. Recognized as an expert, Mr. Bise sits on the Board of
Directors for the National Impact Fee Roundtable and frequently gives lectures and conducts
workshops on impact fees, infrastructure finance and fiscal impact analysis for various groups and
organizations including the American Planning Association, the National Association of
Homebuilders, National Impact Fee Roundtable and the Government Finance Officers
Association. Mr. Bise has also authored numerous articles on infrastructure finance and fiscal
impact analysis. His most recent publication is a chapter on fiscal impact analysis in the book
Planning and Urban Design Guidelines, published by the American Planning Association. Mr.
Bise was also the principal author of the fiscal impact analysis component for the Atlanta Regional
Commission’s Smart Growth Toolkit and is featured in the recently released AICP CD-ROM
Training Package entitled, “The Economics of Density.”
Robert Burchell, Professor, Rutgers University, New Brunswick, NJ
Robert W. Burchell, Distinguished Professor and Co-Director at the Center for Urban Policy
Research, Rutgers University, is the author of 30 books and more than 50 articles. He is an expert
on fiscal impact analysis, land-use development and regulation, and housing policy. Dr. Burchell
has served as principal investigator on more than $4 million in research spanning a thirty-year
career at Rutgers. One of these efforts included the Impact Assessment of the New Jersey State
Development and Redevelopment Plan, an encompassing study of the growth management
program adopted by the New Jersey State Planning Commission in June 1992, an impact
assessment done in 1992 and repeated in 2001 (in both cases a requirement for passage of the
State Plan). Similar “costs of sprawl” studies have been done for the state of Maryland, the
Lexington (KY) Metropolitan Area, the Delaware Estuary, the Southeast Michigan Council of
Governments, and the South Carolina Advisory Commission on Intergovernmental Relations. Dr.
Burchell’s seminal work in the area of development patterns and infrastructure costs is a just
completed research project for the National Academy of Sciences and the Transportation
Cooperative Research Program resulting in The Costs of Sprawl Revisited and The Costs of
Sprawl-2000. Dr. Burchell, also a licensed professional planner in New Jersey, is in demand as an
expert witness nationally, and has served as a consultant to The Port Authority of New York and
New Jersey, the U.S. Department of Housing and Urban Development, the U.S. Health and
Human Resources Administration, the U.S. Office of Management and Budget, the Nuclear
Regulatory Commission, and The Smith Richardson Foundation.
Craig Call, President, Utah Land Use Institute
Craig Call is a Utah land use attorney and former state land use law ombudsman.
James F. Charlier, AICP, President, Charlier Associates, Boulder, CP
Jim Charlier is a nationally prominent transportation planner who has been at the forefront in
development of modern planning practice for 40 years. His firm, Charlier Associates, Inc. (CAI),
provides services to public and private sector clients throughout the country, with an emphasis on
the western states. CAI is involved in major TOD-based development projects, rail and transit
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system development, and a wide variety of local planning and technical assistance work. Jim is an
expert in transportation system funding alternatives ranging from impact fees to special districts to
federal discretionary grants to utility fees and VMT/mileage fees. Current clients include: US
EPA; City of Phoenix, AZ; City of Redmond, WA; Boulder County, CO; D. R. Horton, Inc.;
Sonoran Institute; and, the Queen Liliuokalani Trust in Hawaii.
Todd Chase, AICP, Senior Project Manager, FCS Group, Portland, OR
Mr. Chase is an economist with over 23 years of experience in management consulting, financial
analysis and economic analysis for public- and private-sector clients. His experience includes
management of over 150 economic impact studies, annexation studies, funding strategies, and
capital facility plans, with emphasis on growth management and sustainable structure. One of his
specialties is providing detailed economic and fiscal impact assessments of the costs and strategies
for implementing public and private improvements. Mr. Chase has successfully managed dozens
of large-scale land use/transportation plans with capital facility and funding elements; and he has
assisted dozens of cities, counties and states in adopting new financing mechanisms to implement
strategic projects. His work includes analysis of user fees, toll roads, fuel taxes, utility fees, tax
rates, bonding capacity, impact fees, local improvement districts, benefit recovery districts, and
grant accounting. He also has experience assisting cities and counties with the formation or update
of urban renewal districts, special benefit districts and public/private funding strategies. A
recognized leader in Oregon on economic development policy issues, Mr. Chase has been
appointed to the Oregon Department of Land Conservation and Development Economic
Development Planning Advisory Committee. He has a B.S. in Economics from the University of
Florida.
Thomas Coleman, AICP, Parsons Brinckerhoff, Chicago, IL
Thomas Coleman is Senior Supervising Planner with the Parsons Brinckerhoff Planning and
Environment Group in Chicago. He has more than 20 years of experience as a transportation
planner and project manager with specialized expertise in the design and delivery of projects
focused on transit, roadway and highway projects. He is leading the development of mobile
applications for Parsons Brinckerhoff to enhance communication and stakeholder engagement
plans on projects and programs nationwide.
Ryan T. Cook, AICP, LEED Green Associate, Parsons Brinckerhoff
Ryan is a Senior Planner with Parsons Brinckerhoff where he serves as project lead in planning
and engineering projects, including transportation studies, long-range plans, urban designs, and
economic development frameworks. He has been involved in planning projects, geographic
analysis and research in the United States, Ireland, Western Australia and United Arab Emirates.
He is a leader in the application of innovative technology and analytics for engaged planning,
particularly supporting the development of mobile applications for Parsons Brinckerhoff.
Susan Craig, Communications Director, WIFA, Phoenix, AZ
Susan Craig is communications director for the Water Infrastructure Finance Authority of Arizona
(WIFA). She interacts with communities and borrowers throughout Arizona to ensure their access
to WIFA’s financial assistance. Before joining WIFA, Susan worked at ADWR on the state’s
drought and conservation programs and the Arizona Water Protection Fund grant program. Earlier
in her career, Susan was with ADEQ where she supervised the watershed management and water
quality grant programs. Susan obtained her B.S. in Environmental Science and Management from
Indiana University.
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Helen Cregger, Senior Vice President, Piper Jaffray, Utility/SRF Finance Group
As a former rating analyst for Moody’s and now as an advisor/banker for Piper Jaffray, Helen
focuses on utility and state revolving fund issuers with a particular emphasis on rating agency
interactions. Maintaining and enhancing ratings is an effective tool to manage borrowing costs
and to manage the resulting user fees and charges.
Tracy DeSomma, Finance Department, City of Goodyear, AZ
Tracy DeSomma is contract administrator in the City of Goodyear Finance Department.
Robert Freilich, Freilich and Popowitz, Los Angeles, CA
Robert H. Freilich, Rubey M. Hulen Professor of Law Emeritus at the University of Missouri,
Kansas City School of Law, is one of the nation's leading experts in real estate and land use law, is
at the forefront of sustainable growth management planning, new urbanism, regional
transportation, renewable energy and green development systems. A highly respected litigator,
Dr. Freilich has tried and argued more than 160 cases throughout the country, including several
before the U.S. Supreme Court. Dr. Freilich is the National Editor of The Urban Lawyer, the
national quarterly journal on state and local government of the American Bar Association;
Director of the Annual Planning and Zoning Institute of the American Center for National and
International Law; Past Chair of the Planning and Law Division of the American Planning
Association; serves on the Advisory Board of the Land Use and Environmental Law Review; and
is a member of the American Institute of Certified Planners and the Urban Land Institute.
Carter Froelich, Managing Principal – Phoenix, DPFG, Phoenix, AZ
Carter is the Managing Principal of DPFG's Phoenix, Arizona office. Prior to the opening of the
DPFG Phoenix office in 1994, Carter was manager of the real estate consulting department of the
national accounting firm of Kenneth Leventhal & Company in both the Phoenix, Arizona and
Newport Beach, California offices. Carter is a former State Certified Real Estate Appraiser in the
state of Arizona, and a candidate for membership in the Appraisal Institute. Carter holds a masters
degree in Real Estate Development from the University of Southern California and a Bachelor's
degree in Business Economics from the University of California, Santa Barbara. Carter has over
thirty years of experience in the real estate industry with twenty-six of those years focused in real
estate consulting. Carter's area of specialty is in the formulation and implementation of land
secured financings both private and public for large scale developments, the preparation of market
driven land use plans, the preparation of feasibility analysis for all types of real estate,
development impact fee analysis, and the formulation of development strategies for large scale
master planned communities. Carter has also assisted developer, home builders and home builder
associations across the country in the review and critique of Development Impact Fee studies.
Carter is a member of the Urban Land Institute, the Valley Partnership, the Central Arizona Home
Builder's Association, the Southern Arizona Home Builder's Association and the Building
Contractor’s Association of Southwestern Idaho. Carter was instrumental in the update of the 2008
National Association of Home Builder’s Impact Fee Handbook and is a regular contributor of
content to the Arizona School of Real Estate and Business monthly publication.
Katie Gregory, Budget Coordinator, City of Peoria, AZ
Katie Gregory is the Development Agreement and Impact Fee Administrator for the City of
Peoria, Arizona; she has held that position since 2005. She is responsible for the maintenance and
tracking of all city development agreements, including repayment programs, public improvement
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repayments, land use development arrangements and incentives as well as directing and managing
the city's Development Impact Fee Program. Prior to her work in Peoria's Budget Office, Katie
held various positions in the field of Parks and Recreation Management for the cities of Peoria and
Glendale, Arizona and Eugene, Oregon. Katie has a bachelor's degree in Psychology from
Western Oregon University and a Masters Degree in Public Administration from Arizona State
University
Darren Henderson, AICP, Parsons Brinckerhoff
Senior Planning Manager and Vice President with Parsons Brinckerhoff, he has 21 years of
experience leading major transportation projects from initial concept development through design
and construction to operations and performance monitoring. Darren serves as Project Manager for
the ongoing development and implementation of the $4.8 billion Western Riverside Council of
Governments Transportation Uniform Mitigation Fee program, and previously served a similar
role on the Council of Fresno County Governments Regional Transportation Mitigation Fee
program.
Roger Hoffman, Vice President, Northern Colorado Commuter Rail
A former Database Administrator and Project Manager for Hewlett Packard, Mr. Hoffmann has
been involved in land use, transportation and environmental planning at the community and
regional levels since 1985. He has served on a number of Advisory Boards and Commissions for
both Loveland and Larimer County; as well as in the leadership of various area environmental
groups. In 2006-07, he served on the NFRMPO-sponsored RTA Principles and Steering
Committees exploring creation of a North Front Range Regional Transportation Authority; co
-authoring the minority report “New Directions”. He was also a past Executive Director of Idaho
Rural Council, a community-organizing non profit promoting healthy Idaho rural communities.
Dan Jackson, economists.com
Mr. Jackson conducts rate studies for municipalities, districts, and private utilities across Arizona.
On behalf of the Arizona Water Infrastructure Finance Authority (WIFA), Mr. Jackson generates
an annual state-wide rate survey to calculate high, average, and low rates across various categories
of water/wastewater utilities.
A. Nilgün Kamp, AICP, Associate Principal, Tindale-Oliver & Associates, Inc., Tampa, FL
Ms. Kamp has 20 years of experience in public finance and infrastructure planning projects. Her
experience includes impact fee, assessment, user fee studies, financial projections, and economic
impact analysis. In addition, she managed several infrastructure planning projects, such as those
for fire/EMS facilities, convention centers, stadiums, arenas, etc. With a graduate degree in
economics, she offers significant experience with annual budgets, capital improvement programs,
revenue projections and funding studies.
Dawn Lang, Management Service Director, Chandler, AZ
Ms. Lang is Management Service Director for the City of Chandler, Arizona.
Stacey Lemos, CPA, Finance Director, Town of Oro Valley, AZ
Ms. Lemos is the Finance Director for the Town of Oro Valley, Arizona, where she has held this
position since 2005. As Finance Director, she manages the preparation of the annual budget,
payroll, accounts payable and oversees the investment and debt management functions of the
Town. Stacey's career in local government finance spans 22 years. Prior to coming to Oro Valley,
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Stacey worked as the Finance Director for the City of Willcox, AZ and Town of Sahuarita, AZ,
and was the Deputy Finance Director for the City of Tucson. She holds a bachelor's degree in
Accounting and Finance from the University of Arizona and is a Certified Public Accountant. She
is an active member of the Government Finance Officers Association of Arizona, having served
on the board for a number of years and is a past president.
J. Alberto Lemus, Senior Vice President, Lowe Enterprises, Inc.
Mr. Lemus is responsible for expanding Lowe’s Public Private Partnerships nationally and
oversees all aspects of the firm’s New Markets Tax Credits (NMTC) activities. Mr. Lemus has
closed six NMTC transactions representing $122 million. His responsibilities also include
expanding Lowe’s mixed-use development and redevelopment business in urban markets. He is a
member of the Urban Land Institute, the New Markets Tax Credit Coalition, and the International
Council of Shopping Centers. He is also a board member of the UCLA Alumni Association, and
L.A. Family Housing. Education: University of California, Los Angeles BA; Stanford Graduate
School of Business, MBA.
Scott McCarty, CPA, Finance Director, Town of Paradise Valley, AZ
Mr. McCarty has over 20 years of experience in municipal finance and capital financing. He
previously served as Chief Financial Officer for the City of Surprise, AZ.
Andrew McGuire, Member, Gust Rosenfeld, Phoenix, AZ
Mr. McGuire focuses his practice in the areas of government and municipal law with an emphasis
on special districts, real estate, land use and zoning. His experience includes annexation law,
election law, condemnation, code enforcement, contract and procurement law, public bidding,
open meeting law, employment law and improvement districts. He currently serves as City
Attorney for the City of Avondale and as Town Attorney for the Town of Fountain Hills. Prior to
joining Gust Rosenfeld, Mr. McGuire was a member of a local law firm where he served as
District Counsel to the Fountain Hills Sanitary District in addition to his work with the City of
Avondale and the Town of Fountain Hills. He has twice served as the Interim City Attorney for
the City of Surprise. Mr. McGuire also represents Arizona Native American Communities in solid
waste and real property matters.
Terry Moore, FAICP, ECONorthwest, Portland, OR
One of the founders of ECONorthwest, Terry specializes in land use and transportation planning
and leads its Planning and Development practice area. Terry’s project work focuses on
transportation and land-use planning, economic development, growth management, policy
analysis, and market analysis. In 1994, the American Planning Association published his book,
The Transportation/Land Use Connection. He was among the recipients of the American Planning
Association's 1996 Current Topic Award for Transportation Planning and in 2001 he was selected
as a Fellow of the American Institute of Certified Planners. Terry has written articles for the
Journal of the American Planning Association, Land Use Policy, Urban Land, the Journal of
Urban Planning and Development, and the Journal of the American Institute of Planners. He is an
adjunct professor in the Department of Planning, Public Policy, and Management at the University
of Oregon.
Clancy Mullen, Director of Infrastructure Finance, Duncan Associates, Austin, TX
Mr. Mullen has been the primary author of most of the firm’s impact fee studies since joining
Duncan Associates in 1989. He is a contributing author of Growth Management Principles and
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Practices, Proportionate-Share Impact Fees and Housing Affordability and Principles and Practice
of Proportionate-Share Development Fees. Mr. Mullen holds a Master’s of Science degree in
Community and Regional Planning from the University of Texas at Austin.
Chris Nelson, FAICP, Professor, University of Utah, Salt Lake City, UT
Arthur C. Nelson is Presidential Professor and Director of Metropolitan Research, Department of
City and Metropolitan Planning, College of Architecture + Planning at the University of Utah. For
the past 20 years, Dr. Nelson has conducted pioneering research in land use planning, growth
management, public facility finance, and urban development policy. He has made notable
contributions to the areas of development impact fees, farmland and forestland preservation, urban
containment, the preservation of small town character in the face of urbanization, and more
recently the effect of metropolitan governance structures on metropolitan economic development.
Recently, he served the Housing and Urban Development Department for a year as an expert on
smart growth in the Clinton and Bush Administrations. His research and practice has led to the
publication of eight books and more than 150 scholarly and professional publications worldwide.
James Nicholas, Professor Emeritus, University of Florida, Gainesville, FL
Professor Emeritus of Urban & Regional Planning and Affiliate Professor of Law, University of
Florida, Gainesville, Florida, 1985 to present; Associate Director, Environmental and Land Use
Law Program, College of Law, 1999 to 2006. Co-Director of Growth Management Studies,
College of Law, University of Florida, 1985 - 1992. Professor of Economics, Florida Atlantic
University, Boca Raton, Florida, and Associate and Acting Director, Joint Center for
Environmental and Urban Problems of Florida Atlantic and Florida International Universities,
1969 - 1985. Ph.D in Economics from University of Illinois.
José E. Ometeotl, Project Manager, Willdan Financial Services
José Ometeotl oversees a staff focused on district administration, NMTCs, tax increment financing
and real estate development finance. He assists in the third-party administration of NMTC
allocations and participated in the closing of transactions with a combined total project cost of
$250 million over the past 12 months. Mr. Ometeotl has held senior-level positions with two
California redevelopment consulting firms and has served as a community development planner
for the Pioneer Valley Planning Commission and the University of Southern California’s Center
for Economic Development. As a principal with The Ometeotl Group he completed assignments
for the cities of Azusa, Compton, Fresno, and San Joaquin. He facilitated the financing and
structuring of several NMTC transactions, and served as fiscal consultant for tax allocation bond
issuances throughout California. Education: Cornell University, BS; University of Southern
California, MS.
John Osborne, AICP, Planning Official, Manatee County, FL
John is the Planning Official for Manatee County, FL. He is responsible for long range
infrastructure and services planning for unincorporated Manatee County. Other positions held
include Planning Department Director (until the merger with Building Dept. in 2011) and served
as Transportation Planning Manager for Public Works. John previously worked for CPH
Engineers in Sarasota, FL and for Trigon Engineering in Charlotte, NC. John is a graduate of the
University of South Florida, Liberty University, and is a commissioned officer in the FL Army
National Guard. John is a member of the APA, the FL Planning & Zoning Association and ULI.
Andrew Palomares, AICP, Director of Finance, Port of Hueneme Harbor District, CA
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Mr. Andrew Palomares is the Director of Finance and Administration for the Port of Hueneme
Harbor District. He has extensive experience in municipal finance and is currently exploring
using PPP and NTMC to fund state mandated infrastructure upgrades to the Port. Mr. Palomares
received his MBA from Pepperdine University, and his BSA from La Verne University.
Amy Patterson, Impact Fee and Economic Development Manager, Collier County, FL
Amy has been involved with the planning and management of Collier County’s impact fee
program over the past 13 years. She is directly responsible for both the day-to-day activities,
including the accuracy of the impact fee assessment and collection functions, as well as the policy
aspects of the programs, including development of analysis, plans and recommendations to
County Management, County Advisory Boards and the Board of County Commissioners. She also
manages the financial and compliance aspects of the County’s economic incentive programs.
Matt Ransom, AICP, Project Manager, City of Vancouver, WA
Matt Ransom currently serves as Project Development and Policy Manager at the City of
Vancouver, WA. Matt’s careers spans management of city transportation and planning
departments in Vancouver, and also a consultant to public agencies and private clients across the
Pacific Northwest.
Andrew Rheem, Principal Management Consultant, Red Oak Consulting
Mr. Rheem specializes in municipal financial planning, capital recovery charge and funding
evaluations, and utility rate and fee studies with over 9 years’ experience assisting municipalities
throughout the Western United States. Prior to assisting municipalities, Mr. Rheem worked in the
telecommunications and energy utility sectors. Mr. Rheem received a BBA in Finance from the
University of Michigan and is a member of the Colorado Government Finance Officers
Association.
Dan Schlandt, Deputy County Administrator, Manatee County, FL
Dan has held the position of Deputy County Administrator since December, 2006. His areas of
responsibility are in growth and development including planning, building, infrastructure
planning, public works, economic development, and employee health benefits. Dan worked for
almost 20 years in the Manatee County Financial Planning Department serving as Budget
Manager and administering the County’s five-year capital improvement program before moving to
the County Administrator’s Office. He received his bachelor’s degree and Master of Business
Administration degree from the University of South Florida. Dan is a member of the International
City and County Management Association and the Florida City and County Management
Association and serves on the Partner’s Council for the Bradenton Area Economic Development
Corporation.
Jim Shano, Public Works Director/Town Engineer, Town of Paradise Valley, AZ
Robert Smith, Town Manager, Chino Valley, AZ
Robert Smith is Town Manager for the Town of Chino Valley, Arizona.
Tyson Smith, AICP, Esq., White & Smith, LLC, Charleston, SC
Mr. Smith is a land use consultant and attorney specializing in impact fees, concurrency/APFOs,
and other “facilities-based” planning and growth management techniques. Mr. Smith specializes
in impact fee program development, including ordinances, administrative manuals, forms, and
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staff training. In addition, Mr. Smith provides litigation support in impact fee court challenges.
Mr. Smith’s most recent publication on impact fees is “Development Impact Fees 2006: A Year
in Review,” Planning & Environmental Law (APA), with J. Juergensmeyer.
Greg Swartz, Manager, Piper Jaffray
Mr. Swartz manages Piper Jaffray’s Utility/SRF Finance Group and finances utility infrastructure
across the United States. Prior to joining Piper Jaffray in 2004, Mr. Swartz was Executive
Director of the Water Infrastructure Finance Authority of Arizona (WIFA),CFO for the Indiana
Finance Authority, and debt manager for the Illinois Office of Management and Budget. While at
WIFA, Mr. Swartz provided financial assistance to over 70 incorporated cities/towns, more than
40 districts, and more 50 privately owned public utilities.
Ruthanne Taylor Berger, Deputy Executive Director, WRCOG, CA
Ruthanne is Deputy Executive Director of the Western Riverside Council of Governments
(WRCOG). She has over 20 years of experience and administers the Transportation Uniform
Mitigation Fee Program for WRCOG.
Steve A. Tindale, P.E., AICP, President, Tindale-Oliver & Associates, Tampa, FL
Mr. Tindale has over 40 years of experience in public finance, planning, designing, and managing
public facility projects. His extensive background in city government includes serving as the
Public Works Director for the City of Tampa where he was responsible for all
planning/engineering projects and the overall administration of the Department. His areas of
expertise include public finance studies, public infrastructure planning, transportation planning,
comprehensive plans, traffic engineering, safety analysis, and crash data management systems.
Pat Walker, Pat Walker Consulting LLC, Chandler, AZ
Ms. Walker has over 25 years of experience in developing impact fee studies from both the private
and public sector viewpoint. She has spent 5 years in the private sector performing impact fee
studies, and over 23 years at the City of Chandler, AZ, a City with a population over 230,000, and
was CFO responsible for over a billion dollar budget and billion dollar 5 year CIP program.
Robert Wallace, PE, AICP, Vice-President, Tindale-Oliver & Associates, Orlando, FL
Mr. Wallace has implemented impact fees both as a public employee and also as a private sector
employee. In 1985, he implemented his first impact fee while serving as Director of Public Works
for the City of Tampa. Over the last 18 years, as a private sector consultant, he has been the
Senior Consultant, Project Manager or Principal-In-Charge of over 90 impact fee studies and 45
implementing ordinances. These impact fee studies have included transportation, parks and
recreation, fire, emergency medical services, law enforcement, correctional facilities, libraries,
schools and solid waste.
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