CAPTAIN S KEY DEPENDENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING MARCH 8, :00 P.M.

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1 CAPTAIN S KEY DEPENDENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING MARCH 8, :00 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 CAPTAIN S KEY DEPENDENT DISTRICT The Oaks Center 2501A Burns Road Palm Beach Gardens, Florida REGULAR BOARD MEETING March 8, :00 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 9, 2016 Regular Board Meeting...Page 2 G. Old Business 1. Update Regarding Carl s Plaza Redevelopment Project 2. Discussion Regarding Sidewalk Plan & Variances 3. Update Regarding Water Usage 4. Update Regarding Landscape Lighting H. New Business 1. Consider Approval of Interlocal Agreement for Assignment of Property Data and Development of Annual Assessments for Palm Beach County Non-Ad Valorem Districts...Page 6 2. Discussion Regarding Landscaping and Soil Sample Results 3. Discussion Regarding Front Entry Call Box Replacement.Page 14 I. Administrative Matters 1. Financial Report...Page Consider Invoices.Page 24 J. Board Members Comments K. Adjourn

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4 CAPTAIN S KEY DEPENDENT DISTRICT REGULAR BOARD MEETING FEBRUARY 9, 2016 A. CALL TO ORDER District Manager Jason Pierman called the February 9, 2016, Regular Board Meeting of the Captain s Key Dependent District to order at 6:02 p.m. in the Conference Room at The Oaks Center located at 2501A Burns Road, Palm Beach Gardens, Florida B. PROOF OF PUBLICATION Mr. Pierman presented proof of publication that notice of the Regular Board Meeting had been published in the Palm Beach Daily Business Review on September 29, 2015, as part of the District s Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Mr. Pierman determined that the attendance of Chairman Ron Schutta, Vice Chairman Russell Jones and Supervisors Karen Noga, Dwight Wilson and Joseph O Neill constituted a quorum and it was in order to proceed with the meeting. Also in attendance was District Manager Jason Pierman of Special District Services, Inc. Also present were John and Ann Curry, District residents. D. ADDITIONS OR DELETIONS TO AGENDA Ms. Curry requested that a discussion regarding the front landscaping be added under New Business. 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 12, 2016, Regular Board Meeting Mr. Pierman presented the minutes of January 12, 2016, Regular Board Meeting for approval. Without comment, a motion was made by Mr. Jones, seconded by Mr. Schutta approving the minutes of the January 12, 2016, Regular Board Meeting, as presented, and upon being put to a vote, the motion carried 5 to 0. G. OLD BUSINESS 1. Update Regarding Carl s Plaza Redevelopment Project Page 2

5 CAPTAIN S KEY DEPENDENT DISTRICT REGULAR BOARD MEETING FEBRUARY 9, 2016 Mr. O Neill stated that he spoken to the County engineer about the southbound turn lane, and that the engineer stated that the project was still on an April timeline. 2. Discussion Regarding Establishing a Comprehensive Sidewalk Plan Mr. Pierman presented the draft letter to affected residents, as well as the second proposal for sidewalk work. In explaining the progress thus far to Mr. and Mrs. Curry, the Board expressed their desire to connect as much of the sidewalk as possible. The District Engineer s estimate of $30,000+ to complete the entire project, inclusive of the storm drains, prompted the Board to seek a more immediate and economical solution to residents sidewalk concerns. Because the District does not have a sidewalk rule in place, the Board decided to work with the POA, which does have the rule in place through its covenants. The District will arrange for the work, but the POA will enforce any further violations of the POA policy. Residents do not have to take part in the District s proposal for sidewalk repair they may have the work done on their own, provided it complies with POA covenants. During the discussion, Mr. O Neill presented the District s capital plan, explaining that there were not funds allocated for sidewalks, and that it was a homeowner responsibility. The Mosses home was discussed, noting that their swale is landscaped. The Board consensus was to allow their sidewalk to be offset, so as to disturb their landscaping as little as possible. Mr. Pierman noted that he would contact the Mosses prior to the letter being sent to discuss the Board s decision. Mr. Pierman also noted that he was awaiting a third proposal for the sidewalk work, and would like to have the three proposals before sending the letters. A motion was made by Mr. Jones, seconded by Ms. Noga, and unanimously passed to send the letters after the third proposal had been received, no later than February 17 th, Update Regarding Water Usage Mr. Pierman explained that he had contacted Seacoast about increasing the District s base usage amount, but that it was not possible. He also noted that the water usage had decreased following the seasonal watering adjustment and pipe repair. A motion was made by Mr. O Neill, seconded by Mr. Schutta, and unanimously passed to reduce the watering to twice per week for most of the landscaping and to three times per week for the inside flowers, with each zone running for less than 15 minutes. H. NEW BUSINESS 1. Front Landscaping Page 3

6 CAPTAIN S KEY DEPENDENT DISTRICT REGULAR BOARD MEETING FEBRUARY 9, 2016 Mrs. Curry stated that the center tree looks like it is struggling and the north palm appears to be dead. Mr. Pierman explained the Board s prior decision to wait another growing year to see how the tree progressed, noting that the tree is still alive, just not growing at a fast rate. The Board discussed their reluctance to replace the tree right away, due to the uncertainty of the soil quality. They do not want to waste money installing a tree that might die in the same location. A motion was made by Mr. O Neill, seconded by Mr. Jones, and unanimously passed to conduct soil tests throughout the front entrance landscaping for a price not to exceed $2,500. I. ADMINISTRATIVE MATTERS 1. Financial Report Mr. Pierman presented the Financial Report for the District. There were no questions from the Board. 2. Consider Invoices Mr. Pierman presented the invoices for payment. The Board had no questions or comments. J. BOARD MEMBER COMMENTS Mr. Jones noted that there were several landscaping lights that needed to be replaced, and that he had spare bulbs. He also stated that the lights above the sign were falling out. Mr. Pierman stated that he would have Gilbert Electric do the work. Following a discussion on gate codes, a motion was made by Mr. Jones, seconded by Mr. O Neill, and unanimously passed to reset all non-emergency gate codes currently in the system. Mr. Pierman noted that there were only a few codes in the system, but they would be changed immediately. Mr. Pierman also explained the difficulty in making changes to and downloading from the system, due to the dial-up technology in use. Mr. Schutta asked Mr. Pierman to obtain a quote to replace the call box with an internet-based system. K. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Jones, seconded by Mr. Wilson and unanimously passed to adjourn the Regular Board Meeting at 7:45 p.m. Page 4

7 CAPTAIN S KEY DEPENDENT DISTRICT REGULAR BOARD MEETING FEBRUARY 9, 2016 Secretary/Assistant Secretary Chair/Vice-Chair Page 5

8 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 6

9 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 7

10 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 8

11 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 9

12 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 10

13 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 11

14 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 12

15 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 13

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22 Captain's Key Dependent District Financial Report For February 2016 Page 20

23 Captain's Key Dependent District Budget vs. Actual October 2015 through February 2016 Oct '15 - Feb 16 Budget $ Over Budget % of Budget Income O & M Assessments 73, , , % Assessment Fees , , % Assessment Discounts -2, , % Other Income % Interest Income % Total Income 70, , , % Expense Engineering , , % Management Fees 6, , , % Secretarial Fees 1, , , % Legal Fees , , % Assessment/Tax Roll , , % Audit Fees , , % Telephone/Cable , , % Power , % Irrigation Maintenance , , % Landscaping Maintenance 6, , , % Gate Maintenance 2, , , % Water Service 1, , , % Gate Access Cards % Security Camera , , % Insurance 4, , , % Legal Advertisements % Miscellaneous % Postage and Delivery % Office Supplies % Dues, License & Subscriptions % Website Management , % Reserves , , % HOA Loan Repayment 2, , % Total Expense 28, , , % Net Income 41, , % Page 21

24 CAPTAIN'S KEY DEPENDENT DISTRICT MONTHLY FINANCIAL REPORT FEBRUARY 2016 Year Annual To Date Budget Actual Actual REVENUES 10/1/15-9/30/16 Feb-16 10/1/15-2/29/16 O & M ASSESSMENTS 97, ,474 OTHER REVENUES INTEREST INCOME REVENUES $ 98,141 $ 35 $ 74,042 EXPENDITURES ENGINEERING 1, MANAGEMENT 15,720 1,310 6,550 SECRETARIAL 4, ,750 LEGAL 2, ASSESSMENT ROLL 2, AUDIT FEES 3, TELEPHONE/CABLE 2, POWER 1, IRRIGATION MAINTENANCE 1, LANDSCAPE MAINTENANCE 13, ,057 GATE MAINTENANCE 6, ,288 WATER SERVICE 6, ,824 SECURITY CAMERA 1, GATE ACCESS CARDS INSURANCE 6, ,875 LEGAL ADVERTISING MISCELLANEOUS POSTAGE OFFICE SUPPLIES DUES & SUBSCRIPTIONS HOA LOAN REPAYMENT 2, ,500 WEBSITE MANAGEMENT 1, RESERVES 19, TOTAL EXPENDITURES $ 92,264 $ 2,244 $ 28,473 EXCESS OR (SHORTFALL) $ 5,877 $ (2,209) $ 45,569 COUNTY APPRAISER & TAX COLLECTOR FEE (1,959) 0 (705) DISCOUNTS FOR EARLY PAYMENTS (3,918) 0 (2,952) NET EXCESS/ (SHORTFALL) $ - $ (2,209) $ 41,912 Bank Balance As Of 1/31/16 $ 152, Funds Received: 2/1/16-2/29/16 $ 1, Disbursements: 2/1/16-2/29/16 $ 4, Bank Balance As Of 2/29/16 $ 149, Accounts Payable As Of 2/29/16 $ 2, Accounts Receivable As Of 2/29/16 $ Reserve Funds As Of 2/29/16 $ 66, Available Funds As Of 2/29/16 $ 80, Page 22

25 Captain's Key Dependent District Balance Sheet As of February 29, 2016 Operating Fund General Fixed Assets Fund Long Term Debt Fund TOTAL ASSETS Current Assets Checking/Savings Centerstate Bank 149, , Total Checking/Savings 149, , Total Current Assets 149, , Other Assets Accounts Receivable Roadways , , Gate System , , Depreciation - Roadways , , Depreciation - Gate System , , Amount To Be Provided , , Total Other Assets , , , TOTAL ASSETS 149, , , , LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 2, , Total Accounts Payable 2, , Total Current Liabilities 2, , Long Term Liabilities Due To Captain's Key HOA , , Total Long Term Liabilities , , Total Liabilities 2, , , Equity Retained Earnings 38, , , Net Income 41, , Reserve Funds 66, , Current Year Depreciation Investment In Gen Fixed Assests , , Total Equity 146, , , TOTAL LIABILITIES & EQUITY 149, , , , Page 23

26 12:47 PM 02/29/16 Accrual Basis Captain's Key Dependent District Check Register As of March 1, 2016 Type Date Num Name Memo Credit FSB # 6006 Bill Pmt -Check 02/10/ Comcast account# high speed internet 2/8/ Bill Pmt -Check 02/10/ Jupiter Lawn Care inv# monthly lawn service February Bill Pmt -Check 02/19/ AT&T Acct# /4/16-3/3/ Bill Pmt -Check 02/19/ FPL acct# (1/14/16-2/12/16) Bill Pmt -Check 03/01/ Greentone Irrigation inv# 216 monthly irrigation service-february Bill Pmt -Check 03/01/ Seacoast Utility Authority Acct# 2941 Cust# water charge (1/16/16-2/ Bill Pmt -Check 03/01/ Special District Services, Inc. inv# Management February , Total FSB # , TOTAL 3, Page Page 241 of 1

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