Madeira Community Development District

Transcription

1 Madeira Community Development District Board of Supervisors Meeting October 25, 2017 District Office: 2806 N. Fifth Street Unit 403 St. Augustine, FL

2 MADEIRA COMMUNITY DEVELOPMENT DISTRICT AGENDA October 25, 2017 at 2:00 p.m. At St Johns County Airport Authority Administrative Office 4730 Case Cola Way St. Augustine, FL District Board of Supervisors Sally Hall Chairperson Bill Lanius Vice Chairman Chris Shee Assistant Secretary John Kunkel Assistant Secretary Doug Maier Assistant Secretary District Manager Lesley Gallagher Rizzetta & Company, Inc. District Counsel Wes Haber Hopping Green & Sams, P.A. District Engineer Chris Buttermore Matthews Design Group All Cellular phones and pagers must be turned off while in the meeting room. The District Agenda is comprised of five different sections: The meeting will begin promptly at 2:00 p.m. with the first section which is called Audience Comments on Agenda Items. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called Business Administration. The Business Administration section contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The third section is called Staff Reports. This section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that are being researched for Board action. The fourth section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. If any member of the audience would like to speak on one of the business items, they will need to register with the District Manager prior to the presentation of that agenda item. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors discussion, motion and vote. Agendas can be reviewed by contacting the Manager s office at (904) at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The final section is called Supervisor Requests and Audience Comments. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs and provides members of the audience the opportunity to comment on matters of concern to them that were not addressed during the meeting. Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (904) , at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) , who can aid you in contacting the District Office. Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that this same 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 the appeal is to be based.

3 MADEIRA COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 2806 N. FIFTH STREET UNIT 403 ST AUGUSTINE, FL Board of Supervisors Madeira Community Development District October 17, 2017 AGENDA Dear Board Members: The regular meeting of the Board of Supervisors of Madeira Community Development District will be held on Wednesday, October 25, 2017 at 2:00 p.m. at the St. Johns County Airport Authority, Meeting Room Facility, located at 4730 Casa Cola Way, St. Augustine, Florida The following is the final agenda for this meeting. 1. CALL TO ORDER/ROLL CALL 2. AUDIENCE COMMENTS ON AGENDA ITEMS 3. BUSINESS ADMINISTRATION A. Consideration of the Minutes of the Board of Supervisors Special Meeting held September 25, Tab 1 B. Ratification of the Operation and Maintenance Expenditures for August Tab 2 4. STAFF REPORTS A. District Counsel B. District Engineer C. Landscape Maintenance 1.) Yellowstone Landscape Report, October 4, Tab 3 D. District Manager 1.) Charles Aquatics Pond Service Report, September 30, Tab 4 5. BUSINESS ITEMS A. Consideration of Resolution , Amending the Fiscal Year 2016/2017 General Fund Budget...Tab 5 B. Consideration of Resolution , Setting Public Hearing on Towing Rules...Tab 6 6. AUDIENCE COMMENTS AND SUPERVISOR REQUESTS 7. ADJOURNMENT I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to contact me at (904) Very truly yours, Lesley Gallagher Lesley Gallagher District Manager

4 CALL TO ORDER / ROLL CALL

5 AUDIENCE COMMENTS ON AGENDA ITEMS

6 BUSINESS ADMINISTRATION

7 Tab 1

8 MADEIRA COMMUNITY DEVELOPMENT DISTRICT September 25, 2017 Minutes of Meeting Page 1 MINUTES OF MEETING Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that 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. MADEIRA COMMUNITY DEVELOPMENT DISTRICT The special meeting of the Board of Supervisors of Madeira Community Development District was held on Monday September 25, 2017 at 2:00 p.m. at the St. Johns County Airport Authority, Meeting Room Facility, located at 4730 Casa Cola Way, St. Augustine, Florida The following was the agenda for the meeting: Present and constituting a quorum: Sally Hall Bill Lanius Doug Maier Board Supervisor, Chairman Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Also present were: Lesley Gallagher Wes Haber Jeff Diguglielmo Chris Buttermore Aleksander Potempas District Manager, Rizzetta & Company, Inc. District Counsel, Hopping Green & Sams, P.A. (Via Speakerphone) Yellowstone Landscape District Engineer, Matthews Design Group Weiser Security Audience members present. FIRST ORDER OF BUSINESS Call to Order Ms. Gallagher called the meeting to order at 2:03 p.m. and read roll call. SECOND ORDER OF BUSINESS Audience Comments on Agenda Items There were no audience comments on agenda items. THIRD ORDER OF BUSINESS Consideration of the Minutes of the Board of Supervisors Regular Meeting held May 24, 2017 On a motion by Mr. Maier, seconded by Ms. Hall, with all in favor, the Board approved the Minutes of the Board of Supervisors Regular Meeting held May 24, 2017 for Madeira Community Development District.

9 FOURTH ORDER OF BUSINESS MADEIRA COMMUNITY DEVELOPMENT DISTRICT September 25, 2017 Minutes of Meeting Page 2 Ratification of the Operation and Maintenance Expenditures for May 2017, June 2017 and July 2017 On a motion by Mr. Lanius, seconded by Mr. Maier, all in favor, the Board ratified the operation and maintenance expenditures for May 2017 in the amount of $16,147.95, June 2017 in the amount of $18, and July 2017 in the amount of $16, for Madeira Community Development District. FIFTH ORDER OF BUSINESS Staff Reports A. District Counsel No report. A question had been raised regarding overnight street parking. Mr. Haber noted that his firm does have a memo that he could provide to the Board for review at the next meeting regarding this. The Board requested this be included for review on the next agenda. B. District Engineer No report. C. District Manager 1.) Charles Aquatics Pond Service Report May 2017, June 2017, July 2017 and August 2017 i.) Ms. Gallagher reviewed reports for May 2017 through August 2017 that are included in the agenda. SIXTH ORDER OF BUSINESS Acceptance of Arbitrage Report Series 2007A & 2007B, April 30, 2017 On a Motion by Mr. Lanius, seconded by Mr. Maier, with all in favor, the Board accepted Arbitrage Rebate Report for Series 2007A & 2007B dated April 30, 2017 noting a negative cumulative rebate requirement of $(8,123,849.72) as of April 30, 2017 for Madeira Community Development District. SEVENTH ORDER OF BUSINESS Consideration of Resolution , Designating Primary Administrative Office On a Motion by Ms. Hall, seconded by Mr. Lanius, with all in favor, the Board adopted Resolution , Designating Primary Administrative Office for Madeira Community Development District. EIGHTH ORDER OF BUSINESS Consideration of Resolution ,

10 MADEIRA COMMUNITY DEVELOPMENT DISTRICT September 25, 2017 Minutes of Meeting Page 3 Setting Date, Time and Location of Fiscal Year 2017/2018 Regular Meetings On a Motion by Mr. Lanius, seconded by Ms. Hall, with all in favor, the Board adopted Resolution , Setting the Date, Time and Location for Fiscal Year 2017/2018 Regular Meetings for Madeira Community Development District. NINTH ORDER OF BUESINESS Public Hearing on Fiscal Year 2017/2018 Final Budget On a Motion by Ms. Hall, seconded by Mr. Lanius, with all in favor, the Board opened the Public Hearing for Madeira Community Development District. Ms. Gallagher reviewed updates in the budget since projected. The discussion ensued. Concerns were raised regarding gate access equipment and reliability along with potential additional costs in Fiscal Year 2017/2018. On a Motion by Ms. Hall, seconded by Mr. Lanius, with all in favor, the Board closed the Public Hearing for Madeira Community Development District. 1.) Consideration of Resolution , Approving Fiscal Year 2017/2018 Budget On a Motion by Mr. Lanius, seconded by Mr. Maier, with all in favor, the Board adopted Resolution , Approving Fiscal Year 2017/2018 Budget for Madeira Community Development District. TENTH ORDER OF BUESINESS Consideration of Resolution , Imposing Special Assessments and Certifying the Assessment Roll On a Motion by Ms. Hall, seconded by Mr. Lanius, with all in favor, the Board adopted Resolution , Imposing Special Assessments and Certifying the Assessment Roll for Madeira Community Development District. ELEVENTH ORDER OF BUESINESS Ratification of Approval of District Insurance Policy Renewal On a Motion by Mr. Maier, seconded by Mr. Lanius, with all in favor, the Board accepted the District Insurance Policy Renewal for Madeira Community Development District. TWELFTH ORDER OF BUSINESS Audience Comments and Supervisor Requests

11 MADEIRA COMMUNITY DEVELOPMENT DISTRICT September 25, 2017 Minutes of Meeting Page 4 An audience member had questions about trees down in storm. An audience member had questions about sod. An audience member had questions about signage and the sales trailers as well as the next area to be developed. No supervisor comments. THIRTEENTH ORDER OF BUSINESS Adjournment On a Motion by Ms. Hall, seconded by Mr. Maier, with all in favor, the Board adjourned the meeting at 3:12 p.m. for Madeira Community Development District.

12 MADEIRA COMMUNITY DEVELOPMENT DISTRICT September 25, 2017 Minutes of Meeting Page 5 Secretary/Assistant Secretary Chairman/Vice Chairman

13 Tab 2

14 MADEIRA COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 2806 N. FIFTH STREET UNIT 403 ST. AUGUSTINE, FLORIDA Operation and Maintenance Expenditures August 2017 Presented For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from August 1, 2017 through August 31, This does not include expenditures previously approved by the Board. The total items being presented: $21, Approval of Expenditures: Chairperson Vice Chairperson Assistant Secretary

15 Madeira Community Development District Paid Operation & Maintenance Expenditures August 1, 2017 Through August 31, 2017 Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Charles Aquatics, Inc Monthly Aquatic Management- 6 $ ponds 08/17 City of St. Augustine /17 21 Portada Dr Irrigation 07/17 $ 2, City of St. Augustine /17 12 Pescado Dr Irrigation 07/17 $ First Coast CMS, LLC Repair to Amenity Stop Sign $ Florida Power & Light Company FPL Summary FPL Summary 07/17 $ 1, /17 Hopping Green & Sams General Legal Services 06/17 $ Jax Utilities Management, Inc Paranza Cave-In Repair $ 4, Morris Publishing Group Acct # Legal Advertising $ /17 Rizzetta & Company, Inc INV District Management Fees 08/17 $ 3, Rizzetta Technology Services, LLC INV Website Hosting Services 08/17 $ The Gate Store, Inc Repairs to Front Gate $ 1, The Gate Store, Inc Troubleshoot All Gates $ Weiser Security Services, Inc Weekly Billing 07/14/17-07/20/17 $ Weiser Security Services, Inc Weekly Billing 07/21/17-07/27/17 $ Weiser Security Services, Inc Weekly Billing 07/28/17-08/03/17 $ Weiser Security Services, Inc Weekly Billing 08/04/17-08/10/17 $ Yellowstone Landscape INv Sod Install $ Yellowstone Landscape INV Clean Up Island $ 1, Yellowstone Landscape INV Monthly Landscaping Services 08/17 $ 1, Report Total $ 21,318.17

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43 STAFF REPORTS

44 District Counsel

45 District Engineer

46 Landscape

47 Tab 3

48 Yellowstone Landscape Report, October 4, 2017 The crew did general maintenance for the month of September. All shrubs were trimmed and dead plant material removed. The Walters Viburnum and the Lantana suffered serious salt damage from Hurricane Irma. I reviewed the shrubs in the last few days and they are starting to bud out so they should flower with new foliage in the next few weeks. It will take considerable time for them to completely flush out. The irrigation system has been checked on multiple occasions and the watering reduced up to 40%. The system was off for a few weeks when the Hurricane came through. There was a minor break on the corner of Portada that was repaired. The Medjool palms in the middle island will need to be trimmed and the fronds have been twisted and now hanging on multiple trees. A turf application for weeds pre and post emergent, fungus, insects and fertilizer have been applied. The damaged shrubs from the salt and wind damage had a liquid fertilizer applied to push new growth along with fungus and insect control. The flowers were replaced with Marigolds and Begonias on 9/28. Let me know if you have any questions. Thank You, Jeff DiGuglielmo Account Manager Yellowstone Landscape 2263 Robert Street, Jacksonville, FL Ph: Cell:

49 District Manager

50 Tab 4

51 6869 Phillips Parkway Drive S Jacksonville, FL Fax: Phone: Service Report Date: September 30, 2017 Client: Madeira Waterways: Six storm water ponds Biologist: Jason Eckert Pond 1: Pond was in good condition. I picked up shoreline trash.

52 Pond 2: Pond has some dead vegetation from last treatment other than minor shoreline trash there was no treatment needed.

53 Pond 3: This pond was in good condition after last few heavy treatments the submersed vegetation is dead and almost gone. I also treated the perimeter grasses.

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55 Pond 4: Pond was in good condition. I treated the minor perimeter grasses by gator.

56 Pond 5: Pond was in good condition with a good water level and needed no treatment at this time.

57 Pond 6: Pond was in good condition at this time. I treated the ponds perimeter grasses.

58 BUSINESS ITEMS

59 Tab 5

60 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF MADEIRA COMMUNITY DEVELOPMENT DISTRICT AMENDING THE FISCAL YEAR 2016/2017 GENERAL FUND BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Madeira Community Development District (hereinafter the District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within St. Johns County, Florida; and WHEREAS, the Board of Supervisors of the District (hereinafter the Board ), adopted a General Fund Budget for Fiscal Year 2016/2017; and WHEREAS, the Board desires to reallocate funds budgeted to reflect reappropriated Revenues and Expenses approved during the Fiscal Year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF MADEIRA COMMUNITY DEVELOPMENT DISTRICT THE FOLLOWING: Section 1. Section 2. The General Fund Budget is hereby amended in accordance with Exhibit A attached hereto. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 25 DAY OF OCTOBER MADEIRA COMMUNITY DEVELOPMENT DISTRICT CHAIRMAN / VICE CHAIRMAN ATTEST: ASSISTANT SECRETARY

61 Exhibit A

62 Madeira Community Development District Statement of Revenues and Expenditures - Annual Budget - From 10/1/2016 Through 9/30/2017 FY Adopted FY Proposed Annual Budget Amended Budget Revenues Special Assessments 1009 Off Roll 176, , Tax Roll 32,571 32,571 Total Revenues 208, ,940 Expenditures Legislative 1101 Supervisor Fees Financial & Administrative 3100 Administrative Services 4,725 4, District Management 19,908 19, District Engineer 1,500 1, Disclosure Report 5,000 5, Trustees Fees 7,500 7, Financial & Revenue Collections 10,500 10, Accounting Services 17,325 17, Auditing Services 4,000 4, Arbitrage Rebate Calculation Public Officials Liability Insurance 2,750 2, Legal Advertising 1,500 1, Dues, Licenses & Fees Miscellaneous Fees Website Backup, Hosting, & Maintenance Legal Counsel 1,200 1, District Counsel 12,000 12, Security Operations 4700 Guard & Gate Facility Maintenance/Monitoring 11,613 21, Guardhouse Termite Bond/Pest Control Electric Utility Services 4301 Utility Services Street Lights 12,500 12, Water-Sewer Combination Services 4302 Utility Services 21,000 41, Stormwater Control 4605 Aquatic Maintenance 6,000 6, Other Physical Environment

63 Madeira Community Development District Statement of Revenues and Expenditures - Annual Budget - From 10/1/2016 Through 9/30/ General Liability & Property Insurance 6,000 6, Landscape Maintenance 25,000 25, Miscellaneous Expense 5,000 5, Road & Street Facilities 4603 Entry & Walls Maintenance 1,000 1, Street Light/Decorative Light Maintenance Parks & Recreation 5,000 5, Arbor & Fence Maintenance & Repairs 1,000 1, Contingency 4799 Miscellaneous Contingency 5,000 5, Capital Improvement-Gate Installation 19,994 29,994 Total Expenditures 208, ,940 (Under) Expenditures Excess of Revenues Over 0 (40,000) Fund Balance, End of Period 0

64 Tab 6

65 TO: FROM: Board of Supervisors District Counsel DATE: October 16, 2017 RE: Madeira Community Development District ( District ) Towing An amendment to Chapter 190 related to a community development district s authority to tow took effect on July 1, The amendment clarifies that community development districts may contract with a towing operator to remove vehicles or vessels from district-owned facilities and property. In light of this amendment, the District s Board of Supervisors may be interested in implementing a towing policy to remove vehicles from its roadways and certain other areas of District-owned property. Should the District desire to implement a towing policy, the first step it will need to take is to establish the policy s details. The policy will need to provide the towing standards to be enforced and the areas covered by such standards. Once established, the District will need to enforce the towing policy consistently to ensure that anyone subject to the policy is treated uniformly. The next step is to go through the rule making process to adopt the towing policy as a rule. Attached to this memo is a resolution setting a public hearing to adopt towing policies and draft policies. To adopt the policies, the District is required to publish two separate notices and to conduct a public hearing to allow public comment on the towing policy. Once the towing policy is adopted, and after the rule s effective date, the District can contract with a towing company to enforce the policy. In connection with the enforcement of the policy, the District must follow the authorization, notice and procedural requirements of section , Florida Statutes, as though the District was an owner or lessee of private property. The District will have to establish towaway zones, as explained further below, and will then be able to contract with a towing company approved by the County. Below is a summary of the notice and procedural requirements for the District to follow to establish the tow-away zones. Section (2)(a), Florida Statutes, provides, The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance with the following conditions and restrictions: 1. a. Any towed or removed vehicle or vessel must be stored at a site within a 15- mile radius of the point of removal in any county of less than 500,000 population.

66 .. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section. 5. Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner's or operator's expense, any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements: a. The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage. b. The notice must clearly indicate, in not less than 2-inch high, lightreflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow-away zone" must be included on the sign in not less than 4-inch high letters. c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. d. The sign structure containing the required notices must be permanently installed with the words "tow-away zone" not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels. e. The local government may require permitting and inspection of these signs prior to any towing or removal of vehicles or vessels being authorized. f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not less than 4-inch high, light-reflective letters on a contrasting background. g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub-subparagraphs a.-f.,

67 which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner's expense. A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign. Section (2)(a)(1),(5), Florida Statutes.

68 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MADEIRA COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE THE DATE, TIME AND PLACE OF A PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING RULES RELATING TO OVERNIGHT PARKING AND TRAFFIC ENFORCEMENT. WHEREAS, the Madeira Community Development District ( District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within St. Johns County, Florida; and WHEREAS, the Board of Supervisors of the District ( Board ) is authorized by Sections (5) and , Florida Statutes, to adopt rules, orders, rates, fees and charges pursuant to Chapter 120, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MADEIRA COMMUNITY DEVELOPMENT DISTRICT: Section 1. The Board intends to adopt Rules Relating to Overnight Parking and Traffic Enforcement ( Policy ), a proposed copy of which is attached hereto as Exhibit A. The District will hold a public hearing on such policies at a meeting of the Board to be held on, 2017 at.m. at. Section 2. The District Secretary is directed to publish notice of the hearing in accordance with Section , Florida Statutes. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS DAY OF, ATTEST: MADEIRA COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairperson, Board of Supervisors EXHIBIT A: Rules Relating to Overnight Parking and Traffic Enforcement

69 EXHIBIT A MADEIRA COMMUNITY DEVELOPMENT DISTRICT RULE RELATING TO OVERNIGHT PARKING AND PARKING ENFORCEMENT In accordance with Chapter 190, Florida Statutes, and on, 2017 at a duly noticed public meeting, the Board of Supervisors of the Madeira Community Development District (the District ) adopted the following policy to govern overnight parking and parking enforcement on certain District property. This policy repeals and supersedes all prior rules and/or policies governing the same subject matter. Overnight Parking Prohibited Overnight parking in the District-owned roadway right-of-way shall not be permitted. With the exception of vehicles of service providers, guests and invitees parking on a temporary basis, all vehicles must be parked in garages or on the concrete driveway area of residence. Service and delivery vehicles may be parked in the right-of-way during daylight hours for such a period of time as is reasonably necessary to provide service or make a delivery. Recreational Vehicles No trailers, campers, motor home or recreational vehicles, commercial vehicles, boat or utility trailers, boats, jet skis, personal watercraft or any watercraft may be parked or stored anywhere on the District-owned roadway right-of-way. Any vehicle or recreational equipment parked in violation of these rules may be towed by the District at the sole expense of the owner of such vehicle or recreational equipment if it remains in violation of the terms and conditions of this rule. The District shall not be liable to the owner of such vehicle or recreational equipment for trespass, conversion, damages, or otherwise, nor guilty of any criminal act by reason of such towing, and neither its removal nor failure of the owner of such vehicle or recreational equipment to receive any notice of said violation shall be grounds for relief of any kind. All towing shall be performed in accordance with Section , Florida Statutes. Vendors/Contractors The District Manager or his/her designee may authorize vendors/consultants in writing to park company vehicles overnight in District-owned roadway right-of-way in order to facilitate District business. All vehicles so authorized must be identified by an Overnight Parking Pass. Towing/Removal Procedures A. Signage and Language Requirements. Notice of the Tow-Away Zones shall be approved by the District s Board of Supervisors and shall be posted on District property in the manner set forth in section , Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with section , Florida Statutes.

70 B. Towing/Removal Authority. To effect towing/removal of a Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee must verify that the subject Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle was not authorized to park under this rule and then must contact a firm authorized by Florida law to tow/remove Commercial Vehicle, Vehicles, Vessels and Recreational Vehicles for the removal of such unauthorized vehicle at the owner s expense. The Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section , Florida Statutes. C. Agreement with Authorized Towing Service. The District s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein. Parking at Your Own Risk Vehicles, Vessels or Recreational Vehicles may be parked on District property pursuant to this rule, provided however that the District assumes no liability for any theft, vandalism and/ or damage that might occur to personal property and/or to such vehicles. Effective date:

71 SUPERVISOR REQUESTS AND AUDIENCE COMMENTS

72 ADJOURNMENT