VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT LEE COUNTY REGULAR BOARD MEETING & PUBLIC HEARING NOVEMBER 21, :00 P.M. Special District Services, Inc Riverview Center Boulevard, #253 Bonita Springs, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT Town Center at VillageWalk of Bonita Springs Latitude Drive Bonita Springs, Florida REGULAR BOARD MEETING & PUBLIC HEARING November 21, :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. October 17, 2017 Regular Board Meeting..Page 3 G. Public Hearing Levy Non Ad-Valorem Assessments 1. Proof of Publication Page 6 2. Update from Financial Advisor Regarding RFP Results H. Old Business I. New Business 1. Consider Resolution No Declaring Special Assessments.Page 8 2. Consider Resolution No Setting a Public Hearing on Imposing Special Assessments.Page Discussion Regarding the Easement Agreement for Bonita Beach Road 4. Discussion Regarding the Round-a-Bout Study and the Progress and Projected Completion Date of Logan Boulevard Extension J. Engineering Report K. Administrative Matters L. Board Members Comments M. Adjourn

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5 VILLAGE WALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING OCTOBER 17, 2017 A. CALL TO ORDER The October 17, 2017, Regular Board Meeting of the Village Walk Community Development District was called to order at 3:00 p.m. in the Town Center at Village Walk of Bonita Springs located at Latitude Drive, Bonita Springs, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in the Naples Daily News on September 28, 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 James Kauffman Present Vice Chairman Terry L. Peters Present Supervisor Laura Ray Present Supervisor Matt Jacovelli Present Supervisor Mike Hertz Present Staff members in attendance were: District Manager Kathleen Dailey Special District Services General Counsel Wes Haber (via telephone) Hopping, Green & Sams District Engineer Chris Wright RWA, Inc. Also present were: Dennis White Village Walk Manager; Jim Bridges HOA President; Matt Lalla of First Southwest; and the following District residents: Bill Packard, Dave Mattucy, Ron Setera, Steve Perretti and Kellie Brown. 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. September 19, 2017, Regular Board Meeting 1 Page 3

6 VILLAGE WALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING OCTOBER 17, 2017 The minutes of the September 19, 2017, Regular Board Meeting were presented for consideration. Ms. Ray noted that Resolution should refer to notes and bonds. Mr. Haber stated that in the description of this resolution, the second line should read He explained that the special annual assessments and public hearing are necessary since the homeowners assessments will go down due to the lower interest rate. Under Item H3, Mr. Haber indicated that he had sent a letter to the developer putting them on notice to maintain the road. A motion was made by Ms. Ray, seconded by Mr. Peters and passed unanimously approving the minutes of the September 19, 2017, Regular Board Meeting, as amended. G. OLD BUSINESS There were no Old Business items to come before the Board. H. NEW BUSINESS 1. Consider Resolution No Adopting a Fiscal Year 2016/2-017 Amended Budget Resolution No was presented, entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS 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 then made by Mr. Jacovelli, seconded by Ms. Ray and passed unanimously to adopt Resolution No , as presented. I. ENGINEERING REPORT 1. Presentation of Surface Water Management System Report Mr. Wright explained that he had gone to the HOA meeting and summarized his findings. He stated that the system performed adequately and gave the expectations of what to 2 Page 4

7 VILLAGE WALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING OCTOBER 17, 2017 expect in storms. He went over the permit history, storm event levels, the system performance, recovery times and that everything performed as expected. Mr. Kauffman thanked Mr. Wright for the excellent report. District resident Ron Setera stated that he had concerns how other communities surrounding the area impact the system. Mr. Jacovelli suggested, and it was consensus of the Board, that Mr. Wright look at the water management district permits for surrounding developments and how they flow. Mr. Wright indicated he would report back on the issue. J. ADMINISTRATIVE MATTERS Ms. Dailey reminded the Board that there was a Public Hearing scheduled for November 21 on the refinancing assessments. Matt Lalla added that the responses to the financing documents and terms would be received next week. K. BOARD MEMBER COMMENTS Mr. Hertz thanked Kellie Brown of the HOA for picking up the Valencia signs. L. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Hertz, seconded by Mr. Jacovelli and passed unanimously to adjourn the Regular Board Meeting at 3:40 p.m. Secretary/Assistant Secretary Chair/Vice-Chair 3 Page 5

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10 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE REFUNDING OF THE SERIES 2007 BONDS AND DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS, the Villagewalk of Bonita Springs Community Development District ( District ) is a local unit of special-purpose government located in the City of Bonita Springs, Florida, and established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes ( Uniform Act ), and WHEREAS, the District previously adopted its Engineer s Report, dated March 5, 2007, which details certain improvements that were to be constructed, installed and/or acquired by the District (the Improvement Plan ), attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the District previously issued its $9,815,000 Capital Improvement Revenue Bonds, Series 2007 (the Original Bonds ); and WHEREAS, in connection with the issuance of the Original Bonds, the District adopted Resolutions , and , which levied debt assessments securing the Original Bonds (the Original Debt Assessments ); and WHEREAS, the Original Bonds were issued and the Original Debt Assessments were levied to pay the costs of a portion of the improvements described in the Improvement Plan; and WHEREAS, the District has determined that it is in the best interest of the District and its residents to refund and refinance the Original Bonds in order to reflect the current economic environment and take advantage of interest rate savings; and WHEREAS, the District herby declares its intent to allocate additional debt ( i.e. in addition to the debt represented by the outstanding Original Bonds) to the lots and lands within the District that 1 Page 8

11 benefit from the Improvement Plan and are subject to the Original Assessments and thereby increase the amount of the special assessment lien imposed thereon; with the amount of the proposed debt assessments to be levied by the District on such residential lots and lands to fund items including, but not limited to, the debt service reserve and costs of issuance on the Capital Improvement Revenue Refunding Bonds, Series 2017, or other debt instrument, including, but not limited to a bank note, (collectively the 2017 Bonds ) to be issued to refund the Original Bonds ( the 2017 Assessments );and WHEREAS, notwithstanding the foregoing recital, unless the 2017 Bonds are deemed taxable or there is a default under the bond documents, the total annual 2017 Assessments levied against each lot and parcel of land will be less than the total annual amount of Original Debt Assessments now being paid by such property owners; and WHEREAS, notwithstanding the District s adoption of this resolution to begin the process of levying the 2017 Assessments, the Original Assessments proposed to be restructured shall remain valid and binding until such time as the District levies the 2017 Assessments and issues the 2017 Bonds to be secured by the 2017 Assessments; and WHEREAS, the District was and continues to be empowered by Chapter 190, Florida Statutes, the Uniform Community Development District Act, and Chapter 170, Florida Statutes, Supplemental Alternative Method of Making Local and Municipal Improvements, and Chapter 197, Florida Statutes, to implement the Improvement Plan and to levy the Series 2017 Assessments; and WHEREAS, the District hereby determines that benefits have and will continue to accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the District s Assessment Methodology Report of Benefits for 2018 Refinancing, dated November 21, 2017 and attached hereto as Exhibit B incorporated herein by reference (the Series 2017 Assessment Report ), and on file at 2501 Burns Road-Suite A, Palm Beach Gardens, Florida ( District Records Office ) and at Riverview Center Boulevard, #253, Bonita Springs, Florida ( Local Records Office ); and WHEREAS, this Resolution shall serve as the resolution required to declare special assessments contemplated by section , Florida Statutes, for the assessment lien(s) levied against certain property as described in Exhibit B that collectively comprise the 2017 Assessments; and WHEREAS, the District hereby determines that the 2017 Assessments to be levied will not exceed the benefits to the property improved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT: Section 1. The 2017 Assessments shall be levied to secure the 2017 Bonds, which are being levied to refund the Original Bonds that were issued to defray the cost of a portion of the improvements described in the previously adopted Improvement Plan (the Improvements ). 2 Page 9

12 Section 2. The nature and general location of, and plans and specifications for, the Improvements are on file at the District Records Office and Local Records Office. Exhibits A and B are also on file and available for public inspection at the same locations. Section 3. The total cost of the Improvements is greater than or equal to $19,494,800 (hereinafter, referred to as the Improvements Cost ). Section 4. The 2017 Assessments will collectively defray approximately $8,455,000 which includes a portion of the Improvements Cost plus financing related costs, debt service reserve and contingency, as applicable, but excludes annual interest. As long as the 2017 Bonds are not deemed taxable and there is not a default under the bond documents, which events will result in the higher interest rates referenced in the Series 2017 Assessment Report, the total amount the District will collect through the 2017 Assessments shall not exceed $11,722, Section 5. The manner in which the 2017 Assessments shall be apportioned and paid is set forth in Exhibit B. Section 6. The 2017 Assessments shall be levied, within the District, on certain lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for; provided that no debt service assessments shall be levied on lots for which debt assessments securing the Original Bonds have been prepaid in full. Section 7. There is on file, at the District Records Office and Local Records Office, an assessment plat showing the areas to be assessed, with certain plans and specifications describing the Improvements and the Improvements Cost, all of which shall be open to inspection by the public. Section 8. Commencing with the year in which the 2017 Assessments are certified for collection, the 2017 Assessments shall be paid in not more than twenty (20) annual installments or the maximum period of time permitted by law then in effect. The 2017 Assessments may be payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to Chapter 197, Florida Statutes (the Uniform Method ); provided, however, that in the event the Uniform Method is not available to the District in any year, or if determined by the District to be in its best interest, the 2017 Assessments, or any portion thereof, may be collected as is otherwise permitted by law. Section 9. The District Manager has caused to be made a preliminary assessment roll, in accordance with the Series 2017 Assessment Report, included in Exhibit B hereto, which identifies the lands assessed, the amount of benefit to and the assessment against each parcel of land and the number of annual installments into which the assessment may be divided, which is hereby adopted and approved as the District s Preliminary Series 2017 Assessment Roll. Section 10. The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Improvements, the cost thereof, the manner of payment therefor, or the amount thereof to be 3 Page 10

13 assessed against each property as improved. Section 11. The District Manager is hereby directed to cause this resolution to be published twice (once a week for two (2) weeks) in a newspaper of general circulation within Lee County, Florida, and to provide such other notice as may be required by law or desired in the best interests of the District. Section 12. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this 21st day of November, Attest: VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT Secretary Chairman, Board of Supervisors Exhibit A: Exhibit B: Engineer s Report for VillageWalk of Bonita Springs Community Development District dated February 20, 2007, as revised on March 5 and March 22, 2007 Assessment Methodology Report of Benefits for 2017 Refinancing, dated November 21, Page 11

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42 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON, 20, AT, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 190 AND 197, FLORIDA STATUTES. WHEREAS, the Board of Supervisors of the VillageWalk at Bonita Springs Community Development District, (the Board ) has previously adopted Resolution , entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE REFUNDING OF THE SERIES 2007 BONDS AND DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE COST OF THE IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS, in accordance with Resolution , a Preliminary Supplemental Assessment Roll has been prepared and all other conditions precedent set forth in Chapters 170, 190 and 197, Florida Statutes, to the holding of the aforementioned public hearing have been satisfied, and the roll and related documents are available for public inspection at 2501 Burns Road, Suite A, Palm Beach Gardens, Florida ( District Records Office ) and at Riverview Ctr. Blvd., Bonita Springs, FL ( Local Records Office ). 1 Page 40

43 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT: 1. There is hereby declared a public hearing to be held on, 20, at A.M/P.M., at, for the purpose of hearing comment and objections to the proposed special assessment program for District improvements as identified in the Preliminary Supplemental Assessment Roll, a copy of which is on file. Affected parties may appear at that hearing or submit their comments in writing prior to the hearing to the office of the District Manager 2501 Burns Road, Suite A, Palm Beach Gardens, Florida Notice of said hearing shall be advertised in accordance with Chapters 170, 190 and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation within Collier County (by two publications one week apart with the first publication at least twenty (20) days prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days written notice by mail of the time and place of this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be ascertained at the District Records Office and Local Records Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary. 3. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this 21 st day of November ATTEST: VILLAGEWALK OF BONITA SPRINGS COMMUNITY DEVELOPMENT DISTRICT Secretary / Asst. Secretary Chairman 2 Page 41