THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING

Transcription

1 THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING MARCH 14, :15 P.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida REGULAR BOARD MEETING March 14, :15 p.m. A. Call to Order B. Proof of Publication Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. February 8, 2016 Regular Board Meeting Minutes..Page 2 G. Old Business H. New Business 1. Consider Resolution No Adopting a Fiscal Year 2016/2017 Proposed Budget Page 5 2. Consider Approval of Interlocal Agreement for Assignment of Property Data and Development of Annual Assessments for Palm Beach County Non-Ad Valorem Districts Page Discussion Regarding Proposal for Permit Modification.Page 20 I. Administrative Matters J. Board Members Comments K. Adjourn

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4 THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 8, 2016 A. CALL TO ORDER Mr. Ellington called to order the February 8, 2016, Regular Board Meeting of the Thousand Oaks Community Development District at 4:15 p.m. at the Northern Palm Beach County Improvement District located at 359 Hiatt Drive, Palm Beach Gardens, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in The Palm Beach Post on September 28, 2015, as part of the District s Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM A quorum was established by the presence of Chairman Brian Coulton, Vice Chairman Jeffrey Jackson (by telephone) and Supervisors Kimberly Jackson, Randy Hicks and Corey Smith. Also present were: District Manager Richard Ellington of Special District Services, Inc. and District Counsel Frank Palen of Caldwell Pacetti Edwards Schoech & Viator LLP. Also present were Eleanor DeNoble, Jay & Gloria Leiser, Steven Muchaich and Kena Brown. D. ADDITIONS OR DELETIONS TO THE AGENDA Mr. Ellington indicated he had several updates under Administrative Matters. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. F. APPROVAL OF MINUTES 1. January 11, 2016, Regular Board Meeting Mr. Ellington presented the minutes of the January 11, 2016, Regular Board Meeting. Without comment, Ms. Jackson moved approval, seconded by Mr. Hicks, and the motion carried 5 to 0. G. OLD BUSINESS There were no Old Business items to come before the Board. Page 2

5 THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 8, 2016 H. NEW BUSINESS There were no New Business items to come before the Board. I. ADMINISTRATIVE MATTERS Mr. Ellington gave a summary of the letter dated February 3, 2016, from South Florida Water Management District (SFWMD) related to a site visit that had been undertaken by officials from SFWMD with Mr. and Mrs. Leiser and other people. Mr. Ellington pointed out that in the letter there was no mention that the CDD was in non-compliance with any matters under its permit. The letter did go on to state that as part of their review, the officials from SFWMD were open to working with the District on any modifications that may come forward either as a permit modification or otherwise. Ms. Jackson indicated that she concurred with the summary that had been given by Mr. Ellington insofar as that the letter did not contain any matters related to the CDD not being in compliance with its permit. Mr. Coulton asked Mr. Ellington if he could get a quote from a contractor or other person to give a ballpark figure of what it might cost to fix the alleged problems that several citizens had recently complained about. Mr. Ellington indicated that he would attempt to do so, but without a contactor knowing there is a chance that he may get an opportunity to do the work, it is very unlikely that someone would take their time to do that, but Mr. Ellington did indicate he would make an attempt. At this point, Mr. Coulton left the meeting because of a family medical emergency. Discussion on the letter from SFWMD was opened for public comment. Mr. Leiser indicated that he was concerned that the CDD was not focused on the issue that needed to be focused on and instead, were providing maintenance and beautification for the plants around the Preserve area. He indicated that he felt that the District had tasked Mr. Ellington to contact experts following the last meeting to determine what the cost might be for doing the work that these residents were concerned about. Following his presentation, Mr. Ellington indicated to Mr. Leiser and asked the Board for their comments as to whether or not he had been tasked to do any of the work that Mr. Leiser had been expressing his opinion on. Mr. Ellington said he did not recall any tasks, nor did the minutes reflect any. Mr. Smith indicated that he was not pleased with the demeanor that Mr. Leiser had presented this issue and did not think it was healthy for the Board or Mr. Ellington to be chastised for something that was not discussed or approved. Ms. DeNoble then spoke to the Board indicating that she supported the efforts of Mr. and Mrs. Leiser and did not understand the Board s problem with not addressing it. Ms. Jackson indicated to Ms. DeNoble that she had listened to the tape of the City Council meeting where Ms. DeNoble had recently appeared and indicated nothing had been done for years to address this issue. Ms. Jackson indicated that, in fact, in 2014 the Board of the HOA spent over $100,000 to try to address the issue at hand. Page 3

6 THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING FEBRUARY 8, 2016 Mrs. Leiser then addressed the Board with her continual comment related to the issue related to the slope and the deterioration thereof and handed out a letter from Terragone Development Services. Mr. Ellington indicated that he would be happy to forward to Schnars Engineering, the Engineer for the District, the letter. Following the presentation by the audience, Ms. Jackson indicated that she would like to see if we could arrange a Workshop between the HOA, the SFWMD, the citizens and residents of the community as well as the CDD Board. Mr. Ellington indicated that he would attempt to put one together. Ms. Jackson indicated she would prefer it to be for about 1 ½ hours over the noon hour. J. BOARD MEMBER COMMENTS There were no comments from the Members of the Board. K. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Smith, seconded by Mr. Hicks to adjourn the meeting at 5:00 p.m. That motion carried 3 to 0. Secretary/Assistant Secretary Chair/Vice Chair Page 4

7 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2016/2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors ( Board ) of the Thousand Oaks Community Development District ( District ) is required by Chapter , Florida Statutes, to approve a Proposed Budget for each fiscal year; and, WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2016/2017 has been prepared and considered by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. The Proposed Budget including the Assessments for Fiscal Year 2016/2017 attached hereto as Exhibit A is approved and adopted. Section 2. A Public Hearing is hereby scheduled for June 13, 2016 at 4:15 p.m. in the Board Room of Northern Palm Beach County Improvement District located at 359 Hiatt Drive, Palm Beach Gardens, Florida 33418, for the purpose of receiving public comments on the Proposed Fiscal Year 2016/2017 Budget. PASSED, ADOPTED and EFFECTIVE this 14 th day of March, ATTEST: THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 5

8 Thousand Oaks Community Development District Proposed Budget For Fiscal Year 2016/2017 October 1, September 30, 2017 Page 6

9 CONTENTS I II III IV PROPOSED BUDGET DETAILED PROPOSED BUDGET DETAILED PROPOSED DEBT SERVICE FUND BUDGET ASSESSMENT COMPARISON Page 7

10 PROPOSED BUDGET THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR 2016/2017 REVENUES BUDGET O & M ASSESSMENTS 214,430 DEBT ASSESSMENTS (SERIES 2005 A1) 422,211 DEBT ASSESSMENTS (SERIES 2005 A2) 106,474 OTHER REVENUES 0 INTEREST INCOME 300 TOTAL REVENUES $ 743,415 EXPENDITURES SUPERVISOR FEES 12,000 PAYROLL TAXES 960 AQUATIC/STORMWATER MANAGEMENT 27,575 LAWN/LANDSCAPE MANAGEMENT 40,500 MISCELLANEOUS MAINTENANCE 7,250 MAINTENANCE CONTINGENCY 42,750 MODIFICATION OF DRAINAGE APRONS 0 ENGINEERING/INSPECTIONS/REPORTS 3,600 MANAGEMENT 31,704 SECRETARIAL 4,200 LEGAL 7,500 ASSESSMENT ROLL 8,000 AUDIT FEES 3,700 ARBITRAGE REBATE FEE 1,300 INSURANCE 6,400 LEGAL ADVERTISING 1,350 MISCELLANEOUS 1,750 POSTAGE 625 OFFICE SUPPLIES 1,075 DUES & SUBSCRIPTIONS 175 TRUSTEE FEES 3,800 CONTINUING DISCLOSURE FEE 1,000 TRAVEL 1,900 WEBSITE MANAGEMENT 1, IMPROVEMENT LOAN - PRINCIPAL & INTEREST 0 TOTAL EXPENDITURES $ 210,114 REVENUES LESS EXPENDITURES $ 533,301 BOND PAYMENTS (SERIES 2005 A1) (396,878) BOND PAYMENTS (SERIES 2005 A2) (100,086) BALANCE $ 36,337 COUNTY APPRAISER & TAX COLLECTOR FEE (14,862) DISCOUNTS FOR EARLY PAYMENTS (29,725) EXCESS/ (SHORTFALL) $ (8,250) CARRYOVER FROM PRIOR YEAR 8,250 NET EXCESS/ (SHORTFALL) $ - 3/7/ :23 AM I Page 8

11 DETAILED PROPOSED BUDGET THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS O & M ASSESSMENTS 225, , ,430 Expenditures Less Interest & Carryover/.94 DEBT ASSESSMENTS (SERIES 2005 A1) 426, , ,211 Bond Payments/.94 DEBT ASSESSMENTS (SERIES 2005 A2) 105, , ,474 Bond Payments/.94 OTHER REVENUES INTEREST INCOME Projected At $25 Per Month TOTAL REVENUES $ 757,897 $ 744,940 $ 743,415 EXPENDITURES SUPERVISOR FEES 11,400 12,000 12,000 No Change From 2015/2016 Budget PAYROLL TAXES Projected At 8% Of Supervisor Fees AQUATIC/STORMWATER MANAGEMENT 27,662 26,775 27,575 3% Increase From 2015/2016 Budget LAWN/LANDSCAPE MANAGEMENT 35,541 39,340 40,500 3% Increase From 2015/2016 Budget MISCELLANEOUS MAINTENANCE 0 7,250 7,250 No Change From 2015/2016 Budget MAINTENANCE CONTINGENCY ,750 Maintenance Contingency MODIFICATION OF DRAINAGE APRONS 12, FY 2014/2015 Expenditure ENGINEERING/INSPECTIONS/REPORTS 3,577 3,600 3,600 No Change From 2015/2016 Budget MANAGEMENT 31,248 31,488 31,704 CPI Adjustment SECRETARIAL 4,200 4,200 4,200 No Change From 2015/2016 Budget LEGAL 6,712 8,000 7,500 $500 Decrease From 2015/2016 Budget ASSESSMENT ROLL 8,000 8,000 8,000 As Per Contract AUDIT FEES 3,500 3,600 3,700 Accepted Amount For FY 2015/2016 Audit ARBITRAGE REBATE FEE 1,300 1,300 1,300 No Change From 2015/2016 Budget INSURANCE 5,665 6,400 6,400 Insurance Company Estimate LEGAL ADVERTISING 991 1,350 1,350 No Change From 2015/2016 Budget MISCELLANEOUS 793 1,750 1,750 No Change From 2015/2016 Budget POSTAGE $75 Increase From 2015/2016 Budget OFFICE SUPPLIES 1,027 1,075 1,075 No Change From 2015/2016 Budget DUES & SUBSCRIPTIONS No Change From 2015/2016 Budget TRUSTEE FEES 3,717 3,800 3,800 No Change From 2015/2016 Budget CONTINUING DISCLOSURE FEE 1,000 1,000 1,000 No Change From 2015/2016 Budget TRAVEL 1,912 1,750 1,900 $150 Increase From 2015/2016 Budget WEBSITE MANAGEMENT 0 1,500 1,000 $500 Decrease From 2015/2016 Budget 2011 IMPROVEMENT LOAN - PRINCIPAL & INTEREST 57,902 56,353 0 Loan Paid Off In 2016 TOTAL EXPENDITURES $ 219,860 $ 222,216 $ 210,114 REVENUES LESS EXPENDITURES $ 538,037 $ 522,724 $ 533,301 BOND PAYMENTS (SERIES 2005 A1) (403,983) (398,355) (396,878) 2017 P & I Payments Less Earned Interest BOND PAYMENTS (SERIES 2005 A2) (100,233) (101,694) (100,086) 2017 P & I Payments Less Earned Interest BALANCE $ 33,821 $ 22,675 $ 36,337 COUNTY APPRAISER & TAX COLLECTOR FEE (3,951) (14,892) (14,862) Two Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS (24,536) (29,783) (29,725) Four Percent Of Total Assessment Roll EXCESS/ (SHORTFALL) $ 5,334 $ (22,000) $ (8,250) CARRYOVER FROM PRIOR YEAR 0 22,000 8,250 Carryover From Prior Year NET EXCESS/ (SHORTFALL) $ 5,334 $ - $ - 3/7/ :23 AM II Page 9

12 DETAILED PROPOSED DEBT SERVICE FUND BUDGET THOUSAND OAKS COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER30, 2017 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2014/ / /2017 REVENUES ACTUAL BUDGET BUDGET COMMENTS Interest Income (A1) Projected Interest For 2016/2017 Interest Income (A2) Projected Interest For 2016/2017 NAV Tax Collection (A1) 403, , , P & Interest Payments Less Earned Interest NAV Tax Collection (A2) 100, , , P & Interest Payments Less Earned Interest Transfer From Construction Funds 71, Total Revenues $ 575,754 $ 500,149 $ 497,039 EXPENDITURES Principal Payments (A1) 135, , ,000 Principal Payment Due In 2017 Principal Payments (A2) 30,000 35,000 35,000 Principal Payment Due In 2017 Extraordinary Principal Payments (A1) 55, Extraordinary Principal Payments (A2) 10, Interest Payments (A1) 269, , ,903 Interest Payments Due In 2017 Interest Payments (A2) 70,085 66,744 65,136 Interest Payments Due In 2017 Total Expenditures $ 569,190 $ 500,149 $ 497,039 Excess/ (Shortfall) $ 6,564 $ - $ - Series 2005A1 Bond Information Original Par Amount = $5,955,000 Annual Principal Payments Due = May 1st Interest Rate = 5.35% Annual Interest Payments Due = May 1st & November 1st Issue Date = June 2005 Maturity Date = May 2035 Series 2005A2 Bond Information Original Par Amount = $1,510,000 Annual Principal Payments Due = May 1st Interest Rate = 5.35% Annual Interest Payments Due = May 1st & November 1st Issue Date = June 2005 Maturity Date = May /7/ :23 AM III Page 10

13 Thousand Oaks Community Development District Assessment Comparison Original Fiscal Year Fiscal Year Fiscal Year Fiscal Year Home Projected 2013/ / / /2017 Type Assessment* Assessment* Assessment* Assessment* Projected Assessment* Townhomes O & M $ - $ $ $ $ (Thousand Oaks) Debt $ - $ $ $ $ Sub-Total For Townhomes $ $ $ $ $ Single-Family O & M $ - $ $ $ $ Attached Debt $ - $ $ $ $ (Thousand Oaks) Sub-Total For Single-Family Attached $ $ $ $ $ Single-Family O & M $ - $ $ $ $ Detached Debt $ - $ $ $ $ (Thousand Oaks) Sub-Total For Single-Family Detached $ $ $ $ $ Single-Family O & M $ - $ $ $ $ Attached Debt $ - $ $ $ $ (Sierra Bay) Sub-Total For Single-Family Attached $ $ $ $ $ * Assessments Include the Following : 4% Discount for Early Payments 1% County Tax Collector Fee 1% County Property Appraiser Fee Community Information: Townhomes (Thousand Oaks) 244 Attached Single Family (Thousand Oaks) 231 Detached Single Family (Thousand Oaks) 221 Attached Single Family (Sierra Bay) 201 Total Units 897 Attached Single Family Home (Thousand Oaks) Information Total Units 231 Prepayments 1 Billed For Debt 230 3/7/ :23 AM IV Page 11

14 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services Interlocal Agreement for Assignment of Property Data and Development of Annual Assessments for Palm Beach County Non-Ad Valorem Districts THIS Agreement made and entered into this day of, 20, by and between ( Local Government ) and Palm Beach County Board of County Commissioners ( County ), a political subdivision of the State of Florida. WITNESSETH THAT: WHEREAS, the parties desire to enter into this Agreement covering the provision of Information Technology services by the County for the Local Government in order to certify its non-ad valorem assessment roll to the Property Appraiser for the Notice of Proposed Property Taxes and to the Tax Collector for the Actual Property Tax Notices; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the County and the Local Government agree as follows: 1. The above representations are true and correct. 2. The Local Government agrees that County, through its Information Systems Services Department ( ISS ) will take compatible electronic medium from the Property Appraiser on June 1 st of each year pursuant to the provisions of Section (3) (b), Florida Statues. 3. The term of this Agreement, unless terminated as provided herein, is for a period of one (1) year. This Agreement shall automatically renew annually unless either party gives written notice as provided in 9 below. The effective date of the Agreement is the date of approval by County and filing with the Clerk of the Circuit Court for Palm Beach County. 4. In addition Local Government agrees that County will take said compatible electronic medium from the Property Appraiser, prior to September 15 of each year s Page 1 of 6 Page 12

15 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services certification date, which will include the same information as the June 1 st electronic medium plus the changes made thereto since June 1 st. 5. Local Government further agrees to provide County, with all the information and assistance reasonably necessary to complete the data processing required to certify Local Government s non-ad valorem assessment roll to the Tax Collector and provide the non-ad valorem assessments to the Property Appraiser for the Notice of Proposed Property Taxes on compatible electronic medium. 6. Local Government agrees to provide final approval to County no later than July 28 th for the Notice of Proposed Property Taxes and September 12 th for the Actual Property Tax Notices. Should the above date fall upon a holiday, Saturday or Sunday, Local Government will agree to provide final approval by the last business day prior to the holiday, Saturday or Sunday. If the approval is not received by 5:00 p.m. on the appropriate date, Local Government agrees it will take the necessary actions, at its sole expense, to notify its non-ad valorem parcel owners of the Notice of Proposed Property Taxes and/or Actual Property Tax Notices for that year. 7. The Local Government further agrees to reimburse County for all costs incurred in producing the non-ad valorem assessment roll for Local Government described in the attached Exhibit 1. Payment shall be made to County within 45 days, following receipt of its invoices. 8. The parties recognize that County will be processing several non-ad valorem assessment rolls for various local governments at the same time and Local Government agrees to provide timely information and assistance as may be required by County during the certification process; including, if necessary, personnel on location in County offices to verify the calculations being made by the computer. 9. This Agreement shall be automatically extended hereafter, from year-to-year, unless and until terminated by either of the parties. This Agreement may be terminated at any time by Local Government upon 60 day written notice to County or by County upon written 60 day written notice to Local Government; however, notice given by Page 2 of 6 Page 13

16 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services either party after January 1 st and prior to October 1 st, shall be effective only following completion of the certification of that year s non-ad valorem tax roll. 10. This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 11. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of County and/or Local Government. 12. Notice Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered by certified mail, postage prepaid, and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: If sent to the County: Steve Bordelon, Information Systems Services Director 301 N. Olive Avenue, 8 th floor West Palm Beach, FL (Telephone: ) With copy to: County Attorney s Office Palm Beach County Board of County Commissioners 301 N. Olive Avenue, Suite 601 Page 3 of 6 Page 14

17 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services West Palm Beach, FL (Telephone: ) If sent to the Local Government shall be sent to: 13. County and Local Government agree each will do any and everything reasonably necessary to accurately produce Local Government s non-ad valorem assessment roll. Local Government recognizes that problems may arise in spite of efforts by County, and County shall not be held liable as a result of its processing of Local Government s non-ad valorem assessment roll. 14. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section , as may be amended. The Inspector General s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of Local Government, its officers, agents, employees, and lobbyists in compliance with contract requirements and detect corruption and fraud in connection with the performance of this agreement. 15. Failure to cooperate with the Inspector General or interfering with or impeding any investigation in connection with the performance of this agreement shall be in violation of Palm Beach County Code, Section Page 4 of 6 Page 15

18 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services , and punished pursuant to Section , Florida Statutes, in the same manner as a second degree misdemeanor. 16. The County s performance and obligation to pay under this Agreement for subsequent fiscal years are contingent upon annual appropriations for its purpose by the Board of County Commissioners. Page 5 of 6 Page 16

19 Agreement with Palm Beach County and the Local Government Re: Palm Beach County Information Systems Services IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of County and Local Government has hereunto set its hand the day and year above written. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: By: Steve Bordelon, PBC ISS Local Government: Name Signature Typed Name Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney WITNESS: Signature Typed Name APPROVED AS TO TERMS AND CONDITIONS By Steve Bordelon, Director, Information Systems Services Page 6 of 6 Page 17

20 PALM BEACH COUNTY INFORMATION SYSTEMS SERVICES Non-Ad Valorem Assessment Support Services EXHIBIT 1 The purpose of this Exhibit is to identify the roles and responsibilities of the Palm Beach County ( County ) and ( Local Government ) in carrying out the terms of the Agreement regarding Non-Ad Valorem (NAV) Assessment Support Services. This Exhibit delineates the services to be provided by County through the Information Systems Services Department ( ISS ), and describes the associated costs and payment requirements. Section A: Annual Planning and Exhibit Review There will be an annual review of this Exhibit to ensure all parties are satisfied with services rendered to date and to determine whether any amendments are required. Section B: Description of Services Baseline services from the County for Non-Ad Valorem Assessment Support Services will include: 1. Loading of the Local Government s data (Property Control Numbers) provided by the Property Appraiser s office for the generation of the Notice of Proposed Property Taxes in August. 2. Provide one (1) set of reports and/or data files based on the data received from the Property Appraiser s Office in May utilizing the existing calculation rates on file from the prior year s Actual Property Taxes. 3. Provide additional set of reports and/or data files using the new and or approved calculation rates provided by the Local Government for the Notice of Proposed Property Taxes. 4. Loading of the Local Government s data (Property Control Numbers) provided by the Property Appraiser s Office for the generation of the Tax Collector s Actual Property Taxes in October. 5. Provide one (1) set of reports and/or data files based on the data received from the Property Appraiser office in August utilizing the existing calculation rates used on the Notice of Proposed Property Taxes. Page 1 of 2 Page 18

21 6. Provide additional set of reports and/or data files using the new and/or approved calculation rates provided by the Local Government for the Tax Collector s Actual Property Taxes. 7. Each additional set of reports not listed above will be provided at the rate of $ per hour. Section C: Fees for Non-Ad Valorem Assessment Services Tiers Assessment Ranges Fee 1 <$50,000 $150 2 >$50,000 to <$150,000 $210 3 >$150,000 to <$300,000 $420 4 >$300,000 to <$550,000 $770 5 >$550,000 to <$800,000 $1,120 6 >$800,000 to <$1,100,000 $1,540 7 > $1,100,000 to <$1,450,000 $2,030 8 > $1,450,000 to <$1,850,000 $2,630 9 > $1,850,000 to <$2,300,000 $3, > $2,300,000 $3,850 Section D: Billing and Payment The County shall submit annual invoices to the Local Government which shall include a reference to this Agreement and identify the amount due and payable to the County. Payment will be made in accordance with the Local Government Prompt Payment Act, as amended, which also establishes a process and remedies for non-compliance. Section E: Annual Review of Fees The County reserves the right to review the fees included in this Exhibit on an annual basis and make appropriate rate adjustments. Should an adjustment be warranted, sixty (60) days notice will be provided. Any such rate adjustments shall be reduced to writing via an Amendment to be executed by all parties. Page 2 of 2 Page 19

22 825 S. US HIGHWAY 1 SUITE 110 JUPITER, FLORIDA TEL 561/ FAX 561/ czrinc@czr-inc.com January 21, 2016 Via REllington@sdsinc.org Richard Ellington District Manager Special District Services, Inc. 2501A Burns Road Palm Beach Gardens, FL RE: Thousand Oaks Permit Modification Request SFWMD Permit No P CZR Proposal P1918 Dear Mr. Ellington, CZR Incorporated is pleased to provide you this proposal for environmental consulting services related to requesting a modification of Permit No P, issued in 2004 by the South Florida Water Management District (SFWMD). The authorized construction of the Thousand Oaks residential development project and required establishment of a wetland preserve area and an associated surrounding upland buffer with a Conservation Easement encompassing both granted to SFWMD. We understand that you are interested in obtaining a permit modification from SFWMD that will allow periodic thinning of vegetation within the upland buffer to reduce safety hazards and facilitate views of the interior of the preserve area. CZR will work diligently on your behalf to pursue a permit modification, but issuance is not guaranteed. Tom Fucigna of CZR met on site with Ms. Kena Brown, property manager, on January 8, 2016 to conduct a representative inspection of the preserve area, and met with you at your office on January 13, 2016 to discuss the project. We propose to provide the below-described services. Task I. Agency Coordination CZR will coordinate with SFWMD permit compliance staff to discuss your request, negotiate on your behalf to determine feasibility of obtaining a permit 4709 COLLEGE ACRES DRIVE SUITE 2 WILMINGTON, NORTH CAROLINA TEL 910/ FAX 910/ czrwilm@czr-inc.com Page 20

23 Mr. Richard Ellington 21 January 2016 Page 2 modification. This proposal assumes coordination via telephone and , and one onsite meeting at Thousand Oaks with SFWMD staff. Task I Costs $ Task II. Permit modification submittal CZR will prepare and submit a permit modification request to SFWMD. This proposal assumes the following: The request will include electronic submittal of information to SFWMD, to include ERP permit modification request forms, and two figures consisting of a Site Plan indicating project location, and one Typical Vegetation Thinning Cross-section. Your engineer will provide CZR a digital site plan or similar file for use in preparing the modification request. The request will be processed by SFWMD staff as a minor modification, requiring a fee of $250, to be paid to SFWMD by Client (cost not included in this proposal). The requested modification will authorize a District-approved maintenance plan for management of vegetation in the upland buffer area surrounding the wetland preserve, as referenced in Section 2.d of the existing Deed of Conservation Easement dated August 28, 2003 and included as part of SFWMD Permit No P. Modification of the existing Conservation Easement document will not be necessary. The requested modification will authorize trimming, if desired, of vegetation overhanging the upland edge of the Upland Buffer, and window trimming of upland buffer vegetation to allow a view through the Upland Buffer from adjacent residences, via trimming of foliage and minor branches, while leaving ground cover and canopy intact. CZR will respond to one Request for Additional Information from SFWMD staff. Additional RAI responses, if required, and any other tasks not identified in Tasks I or II, will be billed as Additional Services upon your specific written authorization. Task II Costs $1, TOTAL TASKS I AND II COSTS $2, Page 21

24 Mr. Richard Ellington 21 January 2016 Page 3 Task III. Additional Services Additional services not specified in Task I or II above can be provided under this contract on a Time & Materials basis per our current hourly rates (rate sheet attached) per your request and specific written approval. Total Task III Costs Time & Materials Work can begin within seven working days of Notice to Proceed. Your endorsement below will serve as agreement by you to compensate CZR Incorporated for services rendered. The signed agreement, when returned along with a retainer in the amount of $ will serve as our Notice to Proceed. Retainer will be applied to final invoice. Personnel costs will be invoiced monthly on a time and material basis along with actual expense costs not to exceed an upset of $2, As described in the attached "CZR Incorporated Billing Policies", payment is due upon receipt of invoice. In any litigation arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including those attorney's fees and costs arising out of any appellate proceeding. At the discretion of CZR Incorporated the terms of this agreement may be null and void if not accepted within thirty days. Fees are subject to renegotiation if scope of professional services is not completed within six months due to delays beyond CZR's control. Payment for services provided is not contingent upon procurement of permits, approvals, or consent from any governmental body or other party involved. Thank you for selecting CZR Incorporated to provide environmental consulting services, and we look forward to working on this project with you. Please review and call me or Tom Fucigna at 561/ if you have any questions or wish to discuss the contents of this proposal. Sincerely yours, CZR Incorporated Susan Hudgens-Moore President Prosals\2016\P1918\0120proposalletter AGREED AND ACCEPTED: Richard Ellington Special District Services, Inc. Date Page 22

25 CZR INCORPORATED BILLING POLICIES Introduction Fees We look forward to working with you. This statement outlines our standard billing practices. Our fees for our services will be generally based upon the time spent by our personnel. Rates for biologists in the firm range from $64.00 per hour for the most junior personnel to $ per hour for our most senior personnel. The rates for graphics, technician, and support staff range from $70.00 to $ The rates of our personnel are subject to change. Hourly charges are applied to total time devoted to client representation including travel time, when necessary. Charges We have established prevailing rates for all charges that will be incurred during the course of this representation. We believe that rates charged are competitive with charges established by comparable consulting firms. The client will be responsible for all such charges that we incur in the course of this representation. The company is committed to remaining at the cutting edge of modern computer and communications technology so as to provide our client with optimum competitive advantage and technological efficiencies. Our charges include, but are not limited to travel, copying, telefax charges (outgoing only), messenger services, long distance phone calls, computer research services, computer document preparation charges, and secretarial overtime. These charges may also include any sales or service tax that may be applicable. Cost of filing fees, permit application costs, and other fees required by governmental agencies will be paid directly by the client. We shall prepare the request and effect the transfer, as agreed to with the client. Expenses of Outside Contractors Generally, expenses of outside contractors, such as surveyors, laboratories, landscapers, will be directly billed to client. It is important to note that the prompt payment of these charges to outside contractors is essential to be able to provide timely and efficient service to the client in the future, with the assistance of such contractors. If desired, with sufficient expense deposits in advance, we will directly pay the outside contractors. The amount of the retainer and deposit may be increased as circumstances required (for example, at the time of a construction event), but in any event will be applied to the payment of our final bill or refunding, as applicable. Certain Allocations When more than one client is represented on a single trip, standard hourly charges apply to the actual time spent for each. On a full day/overnight trip with multiple client representation, portions of the day in which there is no actual client work being done and travel time will be apportioned relative to the actual work done for each client. Transportation expenses will be divided appropriately among the clients represented and other expenses will be fairly apportioned among the clients according to the circumstances. Page 23

26 Type of Invoice Unless otherwise agreed, we will send you a monthly invoice which reflects the amount of our fees and expenses attributable to the matter. At the option of the client, and if stated in advance, the invoice will be either generalized or detailed. The generalized invoice will indicate total fees due for work accomplished and the total costs charged to the file. In the alternative, the invoice will have a detailed backup sheet showing the personnel that worked on the matter (to the quarter of an hour); the work performed; the time spend on the task; and, the total fee amount due. Payment of Invoices Each invoice is payable upon receipt. Any unpaid balance not paid within thirty (30) days of the billing date may incur interest upon such balance at the rate of 1.5% per month. In the event we receive payment(s) from a client at a time when more that one invoice is outstanding on any one or more matters for that client, we will apply that payment to any such invoice(s), unless the payment is accompanied by the remittance copy of the invoice(s) being paid or by some other written indication from the client directing how the payment is to be applied. It is the policy of CZR to discontinue representation for any client whose account is more than forty-five (45) days in arrears, unless special arrangements are made with the company's Board of Directors. Individual personnel are not authorized to make such arrangements or to waive this policy. Retainers For certain types of matters, our policy is to require that our clients provide us with an initial fee retainer and expense deposit. The exact amount of this retainer and deposit will be agreed to by the client and the Project Manager. Unless other arrangements are made, the retainer for fees and expenses will be held throughout the engagement and will be applied against payment of the last invoice on the matter, or refunded if the account is up to date. Different Billing Arrangements Individual billing arrangements that differ from these general policies will be discussed and agreed to between the client and the Project Manager and will be set forth in a retention letter. Mutual Right to Terminate Relationship Of course, every client has the right to terminate our representation at any time for any reason. We have the same right upon giving the client reasonable notice so that suitable arrangements can be made by the client to obtain alternative representation. Among the reasons for which we may terminate representation are: (1) nonpayment of our fees, charges, or costs; (2) the client's failure or refusal to be forthright, cooperative, or supportive of our efforts; (3) the client's misrepresentation of, or failure, or refusal to disclose material facts; (4) the client's failure or refusal to accept our advice; or (5) discovery of a conflict with another client of the company. Following termination by us, we will continue to provide representation in the matter for a reasonable time, at the client's request, until arrangements can be made for alternate representation. However, our services will consist of only those necessary to protect the client's interests and prevent prejudice. Upon termination, either by us or by the client, the client, upon request, must sign all papers and documents which we believe necessary for the company to accomplish our withdrawal from the representation. Questions Regarding Billings Any questions regarding billing should be immediately directed to the project manager and/or our Bookkeeping Department. Word\Forms\2010\Billing Policy Page 24