GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING APRIL 19, :00 P.M.
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1 GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING APRIL 19, :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 GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT Pulte Offices 4400 PGA Blvd, 7th Floor Palm Beach Gardens, FL REGULAR BOARD MEETING April 19, :00 P.M. A. Call to Order B. Proof of Publication Page 1 C. Establish a Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. November 16, 2017 Regular Board Meeting Minutes.. Page 3 G. Old Business H. New Business 1. Consider Approval of Property Appraiser Agreement between the County and the District...Page 5 2. Consider Resolution No Adopting a Fiscal Year 2018/2019 Proposed Budget...Page 13 I. Administrative Matters J. Board Members Comments K. Adjourn
3 Palm Beach Post, The April 9, 2018 Miscellaneous Notices GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT NOTICE OF TIME CHANGE FOR REGULAR BOARD OF SUPERVISORS' MEETING The Board of Supervisors of the Gulfstream Polo Community Development District will hold a Regular Board Meeting on April 19, 2018, at 4:00 p.m. at the offices of Pulte located at 4400 PGA Boulevard, 7th Floor, Palm Beach Gardens, Florida 33410, instead of at 2:00 p.m., as previously published. The purpose of the regular board meeting is for the Board to consider any business that may properly come before it. A copy of the agenda for this meeting may be obtained from the District's website or at the offices of the District Manager, 2501A Burns Road, Palm Beach Gardens, Florida 33410, Telephone: (561) and/or toll free at , during normal business hours. The meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when staff or Supervisors may participate by speaker telephone. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at , for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Meetings may be cancelled from time to time without advertised notice. GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT PUBLISH: PALM BEACH POST 4-9/ 2018 Page 1
4 GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING NOVEMBER 16, 2017 A. CALL TO ORDER The Gulfstream Polo Community Development District Regular Board Meeting of November 16, 2017, was called to order at 2:10 p.m. in the offices of Pulte located at 4400 PGA Boulevard, 7 th Floor, Palm Beach Gardens, Florida B. PROOF OF PUBLICATION Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post on October 2, 2017, as part of the District s Fiscal Year 2017/2018 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM A quorum was established with the following Supervisors present: Chairman Matthew Nelson and Supervisors Andrew Maxey and Brad Hartman Also present were the following staff members: District Manager Jason Pierman of Special District Services, Inc.; District Counsel Jonathan Johnson of Hopping, Green & Sams (via conference call); and District Engineer Jeff Schnars of Schnars Engineering Corporation (via conference call). D. ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. 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. August 17, 2017, Regular Board Meeting The minutes of the August 17, 2017, Regular Board Meeting were presented for approval. A motion was made by Mr. Maxey, seconded by Mr. Hartman and passed unanimously approving the minutes of the August 17, 2017, Regular Board Meeting, as presented. G. OLD BUSINESS There were no Old Business items to come before the Board. H. NEW BUSINESS 1. Consider Resolution No Adopting Supplemental Assessment Resolution Mr. Pierman presented Resolution No , entitled: Page 1 of 3 Page 2
5 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF $2,870,000 GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2017 (PHASE 1 PROJECT); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Johnson explained that the resolution was a housekeeping item that closes the loop on the delegation resolution, and ratifies the actions of staff and the Chair after the bond closing. A motion was made by Mr. Maxey, seconded by Mr. Hartman and passed unanimously to adopt Resolution No , as presented. 2. Consider Approval of Disclosure of Public Financing Mr. Johnson explained that the disclosure was a requirement of Chapter 190, and that it spells out information on what was built, the bonds, and how to obtain supplemental information. A motion was made by Mr. Maxey, seconded by Mr. Harman and passed unanimously approving the Disclosure of Public Financing, as presented. 3. Consider Resolution No Adopting a Fiscal Year 2016/2017 Amended Budget Mr. Pierman presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GULF STREAM POLO COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2016/2017 BUDGET ( AMENDED BUDGET ), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Maxey, seconded by Mr. Hartman and passed unanimously to adopt Resolution No , as presented. I. AUDITOR SELECTION COMMITTEE 1. Ranking of Proposals/Consider Selection of an Auditor Mr. Pierman explained that, at this time, it was in order for the Board to convene as the Auditor Selection Committee to review the results of the auditor selection criteria from the responding firms. Page 2 of 3 Page 3
6 Mr. Pierman explained that only one firm, Grau and Associates, had responded, and presented their response. A motion was made by Mr. Maxey, seconded by Mr. Hartman, and unanimously passed to recommend Grau and Associates, and to recess the Auditor Selection Committee and resume the Regular Board Meeting: Sitting as the Board, a motion was made by Mr. Hartman, seconded by Mr. Maxey, and unanimously passed to accept the recommendation of the Auditor Selection Committee and direct staff to enter into negotiations with Grau and Associates. J. ADMINISTRATIVE MATTERS There were no Administrative Matters to come before the Board. K. BOARD MEMBER COMMENTS A motion was made by Mr. Hartman, seconded by Mr. Maxey, and unanimously passed to appoint David Kanarek to the Gulfstream Polo Board of Supervisors. Mr. Pierman noted that Mr. Kanarek would be sworn in prior to the next meeting. L. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Maxey, seconded by Mr. Hartman and passed unanimously to adjourn the meeting at 2:18 p.m. ATTESTED BY: Secretary/Assistant Secretary Chairperson/Vice-Chair Page 3 of 3 Page 4
7 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 5
8 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 6
9 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 7
10 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 8
11 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 9
12 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 10
13 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 11
14 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 12
15 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2018/2019 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors ( Board ) of the Gulfstream Polo Community Development District ( District ) prior to June 15, 2018, a proposed budget ( Proposed Budget ) for the fiscal year beginning October 1, 2018 and ending September 30, 2019 ( Fiscal Year 2018/2019 ); and WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT: 1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2018/2019 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget. 2. SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location: DATE:, 2018 HOUR: LOCATION: 3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Palm Beach County at least 60 days prior to the hearing set above. 4. POSTING OF PROPOSED BUDGET. In accordance with Section , Florida Statutes, the District s Secretary is further directed to post the approved Proposed Budget on the District s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days. Page 13
16 5. PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law. 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof. 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 19 th DAY OF APRIL, ATTEST: GULFSTREAM POLO COMMUNITY DEVELOPMENT DISTRICT Secretary By: Its: Page 14
17 EXHIBIT A PROPOSED BUDGET Page 15
18 Gulfstream Polo Community Development District Proposed Budget For Fiscal Year 2018/2019 October 1, September 30, 2019 Page 16
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