HAMAL COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA

Transcription

1 HAMAL COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA December 19, 2018

2 Hamal Community Development District OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone: (561) Fax: (561) Toll-Free: (877) December 12, 2018 Board of Supervisors Hamal Community Development District ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: The Board of Supervisors of the Hamal Community Development District will hold a Regular Meeting on Wednesday, December 19, 2018 at 8:30 A.M., at the Briar Bay Clubhouse, 3400 Celebration Blvd., West Palm Beach, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Public Comments 3. Administer Oath of Office to Newly Elected Supervisor, Benjamin Cuningham [SEAT 2] (the following to be distributed in a separate package) A. Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees B. Membership, Obligations and Responsibilities C. Financial Disclosure Forms i. Form 1: Statement of Financial Interests ii. iii. Form 1X: Amendment to Form 1, Statement of Financial Interests Form 1F: Final Statement of Financial Interests D. Form 8B Memorandum of Voting Conflict 4. Consideration of Resolution , Declaring a Vacancy in Seat 1 of the Board of Supervisors Pursuant to Section (3)(b), Florida Statutes; and Providing an Effective Date 5. Consider Appointment of Qualified Elector to Fill Vacant Seat 6. Consideration of Resolution , Electing the Officers of the Hamal Community Development District, Palm Beach County, Florida; and Providing for an Effective Date 7. Update: Barrier Wall Repair and Insurance Claim

3 Board of Supervisors Hamal Community Development District December 19, 2018, Regular Meeting Agenda Page 2 8. Update: Website s ADA Compliance 9. Approval of Unaudited Financial Statements as of October 31, Approval of November 7, 2018 Public Hearing and Regular Meeting Minutes 11. Action Items 12. Staff Reports A. District Counsel: Hopping Green & Sams, P.A. B. District Engineer: Giangrande Engineering and Planning, LLC C. District Manager: Wrathell, Hunt and Associates, LLC NEXT MEETING DATE: March 13, 2019 at 8:30 A.M. 13. Supervisors Requests 14. Public Comments 15. Adjournment Should you have any questions, please do not hesitate to contact me directly at (904) Sincerely, Howard McGaffney District Manager FOR BOARD MEMBERS AND STAFF TO ATTEND BY TELEPHONE: Call-in number: Conference ID:

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5 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HAMAL COMMUNITY DEVELOPMENT DISTRICT DECLARING A VACANCY IN SEAT 1 OF THE BOARD OF SUPERVISORS PURSUANT TO SECTION (3)(b), FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hamal Community Development District (the District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, on November 6, 2018, two (2) members of the Board of Supervisors (the Board ) were to be elected by the Qualified Electors of the District, as that term is defined in Section , Florida Statutes; and WHEREAS, the District published a notice of qualifying period set by the Supervisor of Elections at least two (2) weeks prior to the start of said qualifying period; and WHEREAS, at the close of the qualifying period, only one (1) Qualified Elector qualified to run for the two (2) seats available for election by the Qualified Electors of the District; and WHEREAS, pursuant to Section (3)(b), Florida Statutes, the Board shall declare the remaining seat vacant, effective the second Tuesday following the general election; and WHEREAS, a Qualified Elector is to be appointed to the vacant seat within 90 days thereafter; and WHEREAS, the Board finds that it is in the best interests of the District to adopt this Resolution declaring the seat available for election as vacant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HAMAL COMMUNITY DEVELOPMENT DISTRICT: 2018: SECTION 1. The following seat is hereby declared vacant effective as of December 19, Seat #1 (currently held by Brian Dowling) SECTION 2. Until such time as the District Board nominates a Qualified Elector to fill the vacancy declared in Section 1 above, the incumbent Board member of that respective seat shall remain in office. 1

6 SECTION 3. This Resolution shall become effective upon its passage. PASSED AND ADOPTED this 19 th day of December, ATTEST: HAMAL COMMUNITY DEVELOPMENT DISTRICT Print Name: Chair/Vice Chair, Board of Supervisors 2

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8 RESOLUTION A RESOLUTION ELECTING THE OFFICERS OF THE HAMAL COMMUNITY DEVELOPMENT DISTRICT, PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors of the Hamal Community Development District was notified of the results of the General Election held on November 6, 2018 for Seats 1 and 2; and WHEREAS, the Board of Supervisors of the Hamal Community Development District desires to elect the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HAMAL COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons are elected to the offices shown: Chair Vice Chair Secretary Treasurer Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Treasurer Craig Wrathell Craig Wrathell Howard McGaffney Jeff Pinder 2. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 18 th day of December, Secretary/Assistant Secretary Chair/Vice Chair, Board of Supervisors

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10 HAMAL COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS UNAUDITED OCTOBER 31, 2018

11 HAMAL COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET GENERAL FUND OCTOBER 31, 2018 General Fund Debt Service Fund 2017 Total Governmental Funds ASSETS Cash $ 270,705 $ - $ 270,705 Investments Centennial 253, ,308 FineMark MMA 249, ,074 FineMark ICS 280, ,453 Iberia - MMA 25,058-25,058 Bank United 273, ,545 Revenue - 226, ,516 Reserve - 234, ,631 Interest Prepayment Sinking Assessments receivable 2,887 4,635 7,522 Deposits Total assets $ 1,355,165 $ 466,323 $ 1,821,488 LIABILITIES Accounts payable $ 4,978 $ - $ 4,978 Total liabilities 4,978-4,978 FUND BALANCES Nonspendable Prepaids and deposits Restricted Debt service - 466, ,323 Assigned 3 months working capital 133, ,566 Sound barriers 50,000-50,000 Stormwater pump station 100, ,000 Culvert repair/replacement 50,000-50,000 Disaster recovery 200, ,000 Unassigned 816, ,486 Total fund balance 1,350, ,323 1,816,510 Total liabilities and fund balances $ 1,355,165 $ 466,323 $ 1,821,488 1

12 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED OCTOBER 31, 2018 Current Month Year to Date % of Budget Budget REVENUES Maintenance assessments $ - $ - $ 486,464 0% Fair share agreement ,302 0% Interest & misc. income ,500 14% Total revenues ,266 0% EXPENDITURES Administrative Supervisors - - 7,536 0% Management 3,599 3,599 43,184 8% Trustee - - 4,350 0% Legal ,000 0% Engineering - - 5,000 0% Audit - - 7,284 0% Arbitrage rebate calculation - - 1,250 0% Dissemination agent ,000 8% Website % Postage % Legal advertising ,500 16% Office supplies % Other current charges % Dues, licenses & subscriptions % Insurance 5,881 5,881 6,400 92% FASD annual dues - - 1,125 0% Pump station/equipment insurance 2,782 2,782 2,900 96% Total administrative expenses 12,742 12,742 95,054 13% Maintenance Telephone - - 2,040 0% Landscape maintenance Mowing, edging, pruning & weed control 7,389 7,389 88,303 8% Turf replacement - - 2,000 0% Mulch ,678 0% Insect, weed, fertilization 3,695 3,695 44,913 8% Annuals removal, replacement, installation ,330 0% Tree pruning ,750 0% Irrigation system maintenance ,478 11% Irrigation repairs ,000 0% Capital outlay 4,000 4,000 47,500 8% Landscape replacement ,000 0% Preventative maintenance: pump station ,100 0% Catchbasin cleanout ,000 0% Repair/maintenance: pump station - - 4,000 0% 2

13 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED OCTOBER 31, 2018 Current Month Year to Date % of Budget Budget Maintenance (continued) Lake maintenance 1,800 1,800 22,032 8% Fountain maintenance ,020 0% Holiday landscape lighting 1,150 1,150 3,500 33% Contingency ,830 0% Storm clean-up - - 5,500 0% Utilities 4,708 4,708 62,000 8% Total maintenance expenses 23,576 23, ,974 5% Other fees and charges Property appraiser - - 1,141 0% Information system services 2,030 2,030 2, % Tax collector - - 5,067 0% Total other fees and charges 2,030 2,030 8,238 25% Total expenditures 38,348 38, ,266 7% Excess (deficiency) of revenues over (under) expenditures (38,136) (38,136) - Fund balance - beginning 1,388,323 1,388,323 1,268,939 Fund balance - ending Nonspendable Prepaid expenditures and deposits Assigned 3 months working capital 133, , ,566 Sound barriers 50,000 50,000 50,000 Stormwater pump station 100, , ,000 Culvert repair/replacement 50,000 50,000 50,000 Disaster recovery 200, , ,000 Unassigned 816, , ,373 Total fund balance - ending $ 1,350,187 $ 1,350,187 $ 1,268,939 3

14 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2017 (REFUNDED SERIES 2006) FOR THE PERIOD ENDED OCTOBER 31, 2018 Current Month Year to Date % of Budget Budget REVENUES Assessment levy $ - $ - $ 781,032 0% Interest N/A Total revenues ,032 0% EXPENDITURES Principal 5/ ,000 0% Interest 11/ ,362 0% Interest 5/ ,362 0% Total expenditures ,724 0% Other fees and charges Tax collector - - 8,136 0% Total expenditures ,860 0% Excess (deficiency) of revenues over (under) expenditures (7,828) Fund balances - beginning 465, , ,509 Fund balances - ending $ 466,323 $ 466,323 $ 386,681 4

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16 1 MINUTES OF MEETING 2 HAMAL 3 COMMUNITY DEVELOPMENT DISTRICT 4 5 The Board of Supervisors of the Hamal Community Development District held a Public 8 Present and constituting a quorum were: Brian Dowling Steven Pincus Chair Vice Chair 12 Benjamin Cunningham Assistant Secretary 13 Ione Senior Assistant Secretary Also present were: 17 Howard McGaffney District Manager 18 Sarah Warren (via telephone) District Counsel 19 Leo Giangrande (via telephone) District Engineer FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. McGaffney called the meeting to order at 8:33 a.m. Supervisors Dowling, Pincus, THIRD ORDER OF BUSINESS Public Hearing to Hear Public Comment 32 and Objections to the Adoption of Rules 33 and Rates Regarding the Installation of 34 Irrigation Lines on District Property A. Affidavits of Publication 40 DRAFT 6 Hearing and a Regular Meeting on Wednesday, November 7, 2018 at 8:30 a.m., at the Briar Bay 7 Clubhouse, 3400 Celebration Blvd., West Palm Beach, Florida Cunningham and Senior were present, in person. Supervisor Petrick was not present. 27 SECOND ORDER OF BUSINESS Public Comments There being no public comments, the next item followed. 37 Mr. McGaffney presented the affidavits of publication for today s public hearing. 38 B. Consideration of Resolution , Adopting Rules and Rates Regarding Irrigation 39 Line Installation; Providing a Severability Clause; and Providing an Effective Date

17 HAMAL CDD DRAFT November 7, Ms. Warren stated that the Resolution is substantially in the same form as when 42 previously presented, with the few updates discussed at the last meeting. Mr. McGaffney 43 stated that the Board and Mr. Giangrande were instrumental in finalizing the Resolution and 44 called attention to the $500 licensing fee, on Page 3, Section On MOTION by Mr. Pincus and seconded by Mr. Cunningham, with all in favor, 47 the Public Hearing was opened at 8:37 a.m No members of the public spoke. 51 Mr. McGaffney closed the Public Hearing at 8:37 a.m. 52 Mr. McGaffney presented Resolution A Board Member stated his 53 understanding that there were no substantive changes other than the minor changes discussed 54 at the previous meeting On MOTION by Mr. Dowling and seconded by Mr. Pincus, with all in favor, 57 Resolution , Adopting Rules and Rates Regarding Irrigation Line 58 Installation; Providing a Severability Clause; and Providing an Effective Date, 59 was adopted FOURTH ORDER OF BUSINESS Consideration of Allstate Resource 63 Management, Inc., Stormwater System 64 Maintenance Proposal Mr. McGaffney presented the Allstate Resource Management, Inc., (Allstate) 67 Stormwater System Maintenance Proposal. Mr. Dowling stated that, because the $26, was initially a shock, he asked Mr. McGaffney to research the files to compare the stormwater 69 maintenance bids from four or five years ago. It was noted that the cost was less, years ago 70 because the District had fewer structures. He conferred with Mr. Giangrande, who agreed that 71 the price was high but, after counting the number of structures, it was determined that the 72 price per structure was very similar to the last time they were cleaned. In response to a Board 73 Member s question, Mr. Giangrande stated that he approved of the contractor s approach, as it 74 is very conservative; the scope was not excessive. Mr. Dowling stated, for the record, that the 75 CDD has a Fair Share Agreement with Grassy Waters Elementary, Jeaga Middle School and Alto 76 Lago and they will be billed directly. A Board Member asked about notice requirements for 2

18 HAMAL CDD DRAFT November 7, billing the three entities. Mr. McGaffney stated that, in the past, they were notified. Once the 78 proposal is approved, Management will obtain a date from Allstate and notify the schools. 79 Regarding accessing the schools, Mr. Dowling stated that the school maintenance or facilities 80 departments will give Allstate access to certain areas, if the inspection is on a Saturday; Allstate 81 schedules work at the schools on Saturdays to avoid having heavy equipment on the premises 82 while classes are in session, etc. Regarding the school system s budgeting process and whether 83 they anticipated being billed this year, Mr. McGaffney stated that, in the Agreements, the 84 schools are responsible for a certain percentage of the cost, which always comes due at year s 85 end; the schools have never challenged it. In response to Ms. Senior s question, Mr. Dowling 86 stated that Mallory Square was the Developer and, because it encompasses all the areas that 87 would feed into the stormwater drainage system, it encompasses everything; Bright Bay is 88 referred to as Mallory Square on the proposal. Mr. McGaffney stated that, for Management s 89 purposes, he is most concerned about the proposal and invoice heading and that the 90 description fits the scope of work. As Mr. Dowling pointed out, because of the Fair Share 91 Agreement, the cost will not be 100 % absorbed by the District; it will be billed, after the fact. 92 The entities will be billed and receive payment 30 to 45 days after the close of Fiscal Year 2018, 93 on September 30, 2018, which will be posted back to the correct fiscal year; there is a 60-day 94 window to accomplish that and, each year, the breakdown is reproduced on a spreadsheet and 95 distributed to the Board by or at a meeting. Discussion ensued regarding adding a 10% 96 contingency to the $26,475 proposal, in the event of an issue On MOTION by Mr. Cunningham and seconded by Ms. Senior, with all in favor, 99 the Allstate Resource Management, Inc., Stormwater System Maintenance 100 Proposal, in a not-to-exceed amount of $30,000, was approved FIFTH ORDER OF BUSINESS Approval of Unaudited Financial 104 Statements as of September 30, Mr. McGaffney presented the Unaudited Financial Statements as of September 30, Assessment revenue collections were at 101% On MOTION by Mr. Pincus and seconded by Ms. Senior, with all in favor, the 110 Unaudited Financial Statements as of September 30, 2018, were approved. 3

19 HAMAL CDD DRAFT November 7, SIXTH ORDER OF BUSINESS Approval of September 5, 2018 Public 112 Hearing and Regular Meeting Minutes Mr. McGaffney presented the September 5, 2018 Public Hearing and Regular Meeting 115 Minutes. The following change was made: 116 Line 48: Change Mr. Petrick to Mr. Cunningham On MOTION by Mr. Cunningham and seconded by Mr. Pincus, with all in favor, 119 the September 5, 2018 Public Hearing and Regular Meeting Minutes, as 120 amended, were approved SEVENTH ORDER OF BUSINESS Action Items Mr. McGaffney explained the reasoning behind including Action Items, also known as 126 business items, to the agenda and offered examples, such as authorizing the District Manager 127 to circulate a Request for Proposals (RFPs) for landscaping or security, etc. 128 Mr. McGaffney shared that Supervisor Cunningham ran unopposed and will be sworn in 129 at the next meeting and Seat 1, currently held by Supervisor Dowling, would be declared 130 vacant, as no candidates qualified to run for that seat. He recommended adding a meeting on 131 December 19, to swear in Supervisor Cunningham, declare Seat 1 vacant and potentially 132 appoint a new Board Member to fill Seat On MOTION by Mr. Cunningham and seconded by Mr. Pincus, with all in favor, 135 scheduling a Regular Meeting for Wednesday, December 19, 2018, at 8:30 a.m., 136 was approved EIGHTH ORDER OF BUSINESS Staff Reports A. District Counsel: Hopping Green & Sams, P.A. 142 There being no report, the next item followed. 143 B. District Engineer: Giangrande Engineering and Planning, LLC 144 Mr. Dowling requested an update on the barrier wall. Mr. Giangrande stated that he 145 contracted a structural engineer but the design work has not commenced yet. He will 146 coordinate with the District Manager to obtain a retainer, so that the contractor can start the 147 work, forward him the base file information on everything and provide an update at the 4

20 HAMAL CDD DRAFT November 7, December meeting. In response to Mr. Dowling s question, Mr. Giangrande stated that a 149 building contractor has not been hired yet. As to cost, Mr. McGaffney stated that the wall will 150 cost $5,000; the individual who caused the accident is insured for $10,000, so there should not 151 be any out-of pocket costs to the District for the wall repairs. The Board and Staff discussed 152 the need for a structural engineer, plans, permits, footers, codes and liability. In response to 153 Mr. Dowling s question regarding a time frame, Mr. Giangrande did not have one but would 154 obtain it and provide a written update to Mr. McGaffney for circulation to the Board. 155 C. District Manager: Wrathell, Hunt and Associates, LLC 156 i. NEXT MEETING DATE: March 13, 2019 at 8:30 A.M. 157 The next meeting will be held on December 19, 2018 at 8:30 a.m., and the subsequent 158 meeting will be on March 13, NINTH ORDER OF BUSINESS Supervisors Requests Mr. Dowling asked about the CDD website, in relation to the Americans with Disabilities 163 Act (ADA) compliance matter. Mr. McGaffney stated that Management is still bringing Districts 164 into compliance and, although the CDD s website is in process, it is not yet 100% completed. 165 Mr. Dowling requested that the website be prioritized, as an Action Item, and be brought into 166 compliance immediately. Mr. McGaffney would provide an update at the next meeting TENTH ORDER OF BUSINESS Public Comments There being no public comments, the next item followed ELEVENTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned On MOTION by Mr. Dowling and seconded by Mr. Cunningham, with all in 177 favor, the meeting adjourned at 9:11 a.m

21 HAMAL CDD DRAFT November 7, Secretary/Assistant Secretary Chair/Vice Chair 6

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23 ACTION ITEMS November 7, Mr. Giangrande to submit a written update of the barrier wall repair project, including timeframe to Mr. McGaffney, who will circulate it to the Board. 2. Per Mr. Dowling, Management to prioritize bringing the CDD s website into ADAcompliance and provide a status update at the next meeting.

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25 HAMAL COMMUNITY DEVELOPMENT DISTRICT NOTICE OF FISCAL YEAR 2019 MEETINGS The Board of Supervisors ( Board ) of the Hamal Community Development District ( District ) will hold Regular Meetings for Fiscal Year 2019 at 8:30 a.m., at the Briar Bay Clubhouse, 3400 Celebration Blvd., West Palm Beach, Florida 33411, on the following dates: November 7, 2018 March 13, 2019 May 15, 2019 September 11, 2019 The purpose of the meetings is for the Board to consider any business which may properly come before it. The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from Wrathell, Hunt & Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida or by calling (561) There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or (TTY) / (Voice), for aid in contacting the District Office. A person who decides to appeal any decision made at the meeting with respect to any matter considered at the meeting is advised that person will need a record of the 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. District Manager Hamal Community Development District