PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING MARCH 16, :00 P.M.

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1 PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT PALM BEACH COUNTY REGULAR BOARD MEETING MARCH 16, :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 PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT Palm Beach Plantation Clubhouse 8751 Palm Beach Plantation Boulevard Royal Palm Beach, Florida REGULAR BOARD MEETING March 16, :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. January 20, 2016 Regular Board Meeting.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 12 I. Administrative Matters J. Board Members Comments K. Adjourn

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4 PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JANUARY 20, 2016 A. CALL TO ORDER District Manager Richard Ellington called to order the Regular Board Meeting of the Palm Beach Plantation Community Development District of January 20, 2015, at 4:00 p.m. in the Palm Beach Plantation Clubhouse located at 8751 Palm Beach Plantation Boulevard, Royal Palm Beach, Florida B. PROOF OF PUBLICATION Mr. Ellington presented proof of publication that notice of the Regular Board Meeting had been published in The Palm Beach Post on October 9, 2015, as part of the District s Fiscal Year 2015/2016 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM Present and constituting a quorum were Chairperson Dawn Corrado and Supervisors Dominick Mupo, William Nalty and Russell Warnet. Staff in attendance were District Manager Richard Ellington of Special District Services, Inc.; and District Counsel Gerald Knight of Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Also present were George Victor Santiago, Robert Haight, Kirit Shah, Richard Feltz, Wanda Navarro and Louis Palermo of Superior Waterway Services, Inc. D. ADDITIONS OR DELETIONS TO THE 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. October 21, 2015, Regular Board Meeting Mr. Ellington presented the minutes of the October 21, 2015, Regular Board Meeting and asked if there were any changes or corrections. Without comment, a motion was made by Mr. Warnet, seconded by Mr. Mupo that the minutes of the October 21, 2015, Regular Board Meeting be approved, as presented. That motion carried 4 to 0. G. OLD BUSINESS Page 2

5 PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JANUARY 20, 2016 Mr. Ellington reported that all of the neighbors who were under contract to provide funding for the recent construction for drainage had, in fact, paid. Mr. Ellington also reported that he had received word from Tim Foster at Caulfield & Wheeler that the FEMA maps, as revised, will be forthcoming in March. H. NEW BUSINESS 1. Discussion Regarding Lake Bank Restoration Mr. Palermo, as a representative of Superior Waterway Services, Inc., indicated that in Lakes 6, 7, 8 & 9 there was some concern over the erosion on the lake banks. He indicated that he thought this issue could be taken care of with the use of aquatic plants so that the roots of these plants could take hold and keep the erosion from happening. He indicated that he felt that the other lakes were in good shape and did not need as much attention at this time. Mr. Palermo indicated that if the planting was approved, that the height of the plants would not exceed 36-inches. Ms. Corrado expressed concern as to whether or not the residents were willing to accept the plantings as they might restrict their view. She indicated that she would like to have input from the HOA prior to making a final decision about this planting work. Mr. Palermo indicated that the total cost, at this time, for doing the work that he suggests that would help the erosion problem was $4, Mr. Ellington asked Mr. Palermo about a recent that had been received from his company regarding restocking of fish in the ponds. Mr. Palermo indicated that he did not feel, at this point, that that was necessarily a matter that the Board needed to take up, but certainly was a question that could be addressed in the future. Mr. Palermo went on to indicate that if the Board was favorable, he would have some test plots planted in a couple of the lakes so that the residents could see what it looks like. The Board agreed to let him do some test plots so that the HOA could take an informal survey of their residents to see whether or not this was something that would be acceptable. No action was taken on this matter, pending further input from the HOA. On another subject, Mr. Palermo indicated that he felt that the Board should consider and the Board, again, referred this to the HOA, that the red and blue lights that were currently in some of the fountains were not as bright as white lights would be and that at the appropriate time that the lights should be changed out to white lights and if possible, with LED bulbs. The Board again referred him to the HOA in this matter under the terms of the agreement between the CDD and that HOA as for the lake maintenance. I. ADMINISTRATIVE MATTERS Page 3

6 PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JANUARY 20, 2016 Mr. Ellington announced that the March meeting would be the time when the proposed budget would be presented and wanted to give the Board a heads up in that matter. 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. Nalty, seconded by Mr. Mupo to adjourn the Regular Board Meeting at 4:35 p.m. That motion carried 4 to 0. Secretary/Asst. Secretary Chair/Vice Chair Page 4

7 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PALM BEACH PLANTATION 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 Palm Beach Plantation 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 PALM BEACH PLANTATION 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 May 18, 2016 at 4:00 p.m. in the Palm Beach Plantation Clubhouse located at 8751 Palm Beach Plantation Boulevard, Royal Palm Beach, Florida 33411, for the purpose of receiving public comments on the Proposed Fiscal Year 2016/2017 Budget. PASSED, ADOPTED and EFFECTIVE this 16 th day of March, ATTEST: PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 5

8 Palm Beach Plantation 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 PROPOSED FINAL BUDGET DETAILED PROPOSED DEBT SERVICE FUND BUDGET ASSESSMENT COMPARISON Page 7

10 PROPOSED BUDGET PALM BEACH PLANTATION COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2016/2017 OCTOBER 1, SEPTEMBER 30, 2017 FISCAL YEAR 2016/2017 REVENUES BUDGET O & M Assessments 101,144 Debt Assessments 479,706 Other Revenues 0 Interest Income 240 TOTAL REVENUES $ 581,090 Discounts For Early Payments (23,234) TOTAL NET REVENUES $ 557,856 EXPENDITURES Supervisor Fees 6,000 Payroll Taxes 480 Maintenance/Contingency 5,500 Discharge Structures 0 Engineering/Inspections 7,000 Management 31,716 Secretarial 4,200 Legal 8,500 Assessment Roll 3,000 Audit Fees 3,500 Arbitrage Calculation Report Fee 650 Insurance 6,700 Legal Advertisements 1,400 Miscellaneous 1,000 Postage 375 Office Supplies 725 Dues & Subscriptions 175 Trustee Fee 3,800 County Appraiser & Tax Collector Fee 11,617 Website Management 1,000 TOTAL EXPENDITURES $ 97,338 REVENUES LESS EXPENDITURES $ 460,518 Bond Payments (460,518) EXCESS/ (SHORTFALL) $ - Note: Fund Balance As Of : $64,055 3/8/2016 7:37 AM I Page 8

11 DETAILED PROPOSED BUDGET PALM BEACH PLANTATION 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 102, , ,144 Expenditures Less Interest/.96 Debt Assessments 479, , ,706 Bond Payments/.96 Other Revenues 1, Interest Income Projected At $20 Per Month TOTAL REVENUES $ 583,902 $ 581,914 $ 581,090 Discounts For Early Payments (21,594) (23,267) (23,234) Four Percent Of Total Assessment Roll TOTAL NET REVENUES $ 562,308 $ 558,647 $ 557,856 EXPENDITURES Supervisor Fees 4,600 6,000 6,000 No Change From 2015/2016 Budget Payroll Taxes Projected At 8 Percent Of Supervisor Fees Maintenance/Contingency 0 5,500 5,500 No Change From 2015/2016 Budget Discharge Structures 31, Fiscal Year 2014/2015 Expenditure Engineering/Inspections 13,011 7,000 7,000 No Change From 2015/2016 Budget Management 31,248 31,500 31,716 CPI Adjustment Secretarial 4,200 4,200 4,200 No Change From 2015/2016 Budget Legal 9,506 8,500 8,500 No Change From 2015/2016 Budget Assessment Roll 3,000 3,000 3,000 No Change From 2015/2016 Budget Audit Fees 3,500 3,500 3,500 Accepted Amount For 2015/2016 Audit Arbitrage Calculation Report Fee No Change From 2015/2016 Budget Insurance 5,923 6,700 6,700 Fiscal Year 2016/2017 Estimate Legal Advertisements 1,173 1,400 1,400 No Change From 2015/2016 Budget Miscellaneous 547 1,000 1,000 No Change From 2015/2016 Budget Postage $25 Decrease From 2015/2016 Budget Office Supplies $25 Decrease From 2015/2016 Budget Dues & Subscriptions No Change From 2015/2016 Budget Trustee Fee 3,709 3,800 3,800 No Change From 2015/2016 Budget County Appraiser & Tax Collector Fee 3,076 11,633 11,617 Two Percent Of Total Assessment Roll Website Management 0 1,500 1,000 $500 Decrease From 2015/2016 Budget TOTAL EXPENDITURES $ 117,098 $ 97,688 $ 97,338 REVENUES LESS EXPENDITURES $ 445,210 $ 460,959 $ 460,518 Bond Payments (461,749) (460,959) (460,518) 2017 P & I Payments Less Earned Interest EXCESS/ (SHORTFALL) $ (16,539) $ - $ - Note: Fund Balance As Of : $64,055 3/8/2016 7:37 AM II Page 9

12 DETAILED FINAL DEBT SERVICE FUND BUDGET PALM BEACH PLANTATION 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 Interest Income Interest For FY 2016/2017 NAV Tax Collection 461, , , P & I Payments Less Earned Interest Total Revenues $ 461,853 $ 461,034 $ 460,593 EXPENDITURES Principal Payments 210, , ,000 Principal Payment Due In 2017 Interest Payments 256, , ,593 Interest Payments Due In 2017 Extraordinary Principal Payments Extraordinary Principal Payments Total Expenditures $ 466,139 $ 461,034 $ 460,593 Excess/ (Shortfall) $ (4,286) $ - $ - Carryover From Prior Year $ - $ - $ - Carryover From Prior Year Net Excess/ (Shortfall) $ (4,286) $ - $ - Series 2014 Bond Refunding Information Original Par Amount = $5,940,000 Annual Principal Payments Due = May 1st Interest Rate = 3.940% Annual Interest Payments Due = May 1st & November 1st Issue Date = March 2014 Maturity Date = May 2029 Current Principal Amount Due In May 2029: $1,700,000 3/8/2016 7:37 AM III Page 10

13 Palm Beach Plantation Community Development District Assessment Comparison Original Fiscal Year Fiscal Year Fiscal Year Fiscal Year Projected 2013/ / / /2017 Assessment* Assessment* Assessment* Assessment* Projected Assessment* O & M For Lot Size 45 $ $ $ $ $ Debt For Lot Size 45 $ $ $ $ $ Total $ 1, $ 1, $ $ $ O & M For Lot Size 45 $ $ $ $ $ Debt For Lot Size $ $ $ $ $ Total $ 1, $ 1, $ 1, $ 1, $ 1, * Assessments Include the Following : 4% Discount for Early Payments 1% County Tax Collector Fee 1% County Property Appraiser Fee Community Information: 45 Foot Lots /70 Foot Lots 274 Total Units Foot Lots Information Total Units 326 Prepayments 1 Billed For Debt 325 3/8/2016 7:37 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