PALM BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA

Transcription

1 PALM BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA January 10, 2019

2 Palm Bay Community Development District OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone (561) Fax (561) Toll-Free (877) January 3, 2019 Board of Supervisors Palm Bay Community Development District ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: A Regular Meeting of the Palm Bay Community Development District s Board of Supervisors will be held on Thursday, January 10, 2019 at 9:00 a.m., at the Courtyard by Marriott Tampa/Oldsmar, 4014 Tampa Road, Oldsmar, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Public Comments: Agenda Items 3. Consideration of Resolution , Canvassing and Certifying the Results of the Landowners Election of Supervisors Held Pursuant to Section (2), Florida Statutes 4. Administration of Oath of Office to Newly Elected Supervisors, Speros Margetis, [SEAT 2], Joe Aschenbrenner [SEAT 3] and Win Williamson [SEAT 5] (the following to be provided in 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 5. Consideration of Resolution , Electing the Officers of the Palm Bay Community Development District, Hillsborough County, Florida

3 Board of Supervisors Palm Bay Community Development District January 10, 2019, Regular Meeting Agenda Page 2 6. Continued Discussion: Review of Marina Bulkhead and Boat Lift Repairs Needed: Bulkhead, Roof over Motors, Future Upgrade of Two Pushing Motors and Re-Wiring at New Control Box 7. Update: Baycut 8. Update: Roadways/Sidewalks 9. Update: Beach 10. Approval of Unaudited Financial Statements as of November 30, Approval of Minutes A. October 11, 2018 Regular Meeting B. November 8, 2018 Landowners Meeting 12. Staff Reports A. District Counsel: Buchanan Ingersoll & Rooney PC B. District Engineer: Landmark Engineering & Surveying Corp. C. District Manager: Wrathell, Hunt and Associates, LLC NEXT MEETING DATE: April 11, 2019 at 9:00 A.M. 13. Public Comments: Non-Agenda Items 14. Supervisors Requests 15. Adjournment Should you have any questions, please do not hesitate to contact me directly at Sincerely, Chesley E. Adams, Jr. District Manager FOR BOARD MEMBERS AND STAFF TO ATTEND BY TELEPHONE CALL IN NUMBER: CONFERENCE ID:

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5 RESOLUTION A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION (2), FLORIDA STATUTES WHEREAS, pursuant to Section Florida Statutes, a landowners meeting is required to be held within 90 days of the District's creation and every two (2) years following the creation of a Community Development District for the purpose of electing Supervisors for the Board of Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held on November 8, 2018, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners, by means of this Resolution, desire to canvass the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE PALM BAY COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Spiros Margetis (Seat 2) Votes 13 Joe Aschenbrenner (Seat 3) Votes 14 Win Williamson (Seat 5) Votes In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Spiro Margetis Joe Aschenbrenner Win Williamson four (4)-year term four (4)-year term two (2)-year term

6 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED this day of, Chair/Vice Chair, Board of Supervisors Secretary/Assistant Secretary

7 PALM BAY COMMUNITY DEVELOPMENT DISTRICT 5

8 RESOLUTION A RESOLUTION ELECTING THE OFFICERS OF THE PALM BAY COMMUNITY DEVELOPMENT DISTRICT, HILLSBOROUGH COUNTY, FLORIDA WHEREAS, the Board of Supervisors of the Palm Bay Community Development District held their Landowners Election for Seats 2, 3 and 5 on November 8, 2018; and WHEREAS, the Board of Supervisors of the Palm Bay Community Development District desires to elect the below recited person(s) to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PALM BAY 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 Chuck Adams Craig Wrathell Craig Wrathell Jeff Pinder PASSED AND ADOPTED this day of, Chair/Vice Chair, Board of Supervisors Secretary/Assistant Secretary

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10 October 30, 2018 Palm Bay Community Hatteras Dr. Tampa, Fl Phone: Fax: RFQ New power trollies with 4 dog houses Option #1 RE: QUOTATION Prepared by: Rick Thies QTY DESCRIPTION PRICE EXT We Are Pleased to Provide the Following Proposal: LEAD TIME 1 FHS to supply and install (QTY 2) motorized trollies, 2 ton $14, $14, days 40FPM and 240 VAC, identical to existing trollies. ARO FHS will also install 4 dog houses, either salt or fresh water side to prevent further weather intrusion. This was previously quoted as VJ1813 and supercedes that quote as option #1, per customer request. FHS requires free access to unit during installation and lift will be out of service until complete. TOTAL QUOTE AMOUNT $14, Quote Accepted by: PO Number: Customer / Company Representative MINIMUM ORDER AMOUNT - $ MISC SUPPLIES, NOT TO EXCEED $75, MAY BE ADDED AT TIME OF BILLING. ABOVE PRICES DO NOT INCLUDE: FREIGHT, RENTAL EQUIPMENT OR TAXES UNLESS OTHERWISE NOTED. * OVERTIME LABOR IS BETWEEN 4:30PM - 7:30AM, WEEKENDS AND HOLIDAYS. QUOTE VALID FOR 30 DAYS ONLY. PHONE: FAX: STATE ROAD 60 WEST, BARTOW, FL

11 October 30, 2018 Palm Bay Community Hatteras Dr. Tampa, Fl Phone: Fax: RFQ New power trollies with 8 dog houses Option #2 RE: QUOTATION Prepared by: Rick Thies QTY DESCRIPTION PRICE EXT We Are Pleased to Provide the Following Proposal: LEAD TIME 1 FHS to supply and install (QTY 2) motorized trollies, 2 ton $15, $15, days 40FPM and 240 VAC, identical to existing trollies. ARO FHS will also install 8 dog houses for both fresh and salt water side to prevent further weather intrusion. This was previously quoted as VJ1813 and supercedes that quote as option #2, per customer request. Difference is 4 more dog houses. FHS requires free access to unit during installation and lift will be out of service until complete. TOTAL QUOTE AMOUNT $15, Quote Accepted by: PO Number: Customer / Company Representative MINIMUM ORDER AMOUNT - $ MISC SUPPLIES, NOT TO EXCEED $75, MAY BE ADDED AT TIME OF BILLING. ABOVE PRICES DO NOT INCLUDE: FREIGHT, RENTAL EQUIPMENT OR TAXES UNLESS OTHERWISE NOTED. * OVERTIME LABOR IS BETWEEN 4:30PM - 7:30AM, WEEKENDS AND HOLIDAYS. QUOTE VALID FOR 30 DAYS ONLY. PHONE: FAX: STATE ROAD 60 WEST, BARTOW, FL

12 October 30, 2018 Palm Bay Community Hatteras Dr. Tampa, Fl Phone: Fax: RFQ New power trollies with 8 dog houses and new control box Option #3 RE: QUOTATION Prepared by: Rick Thies QTY DESCRIPTION PRICE EXT We Are Pleased to Provide the Following Proposal: LEAD TIME 1 FHS to supply and install (QTY 2) motorized trollies, 2 ton $19, $19, days 40FPM and 240 VAC, identical to existing trollies. ARO FHS will also install 8 dog houses for both fresh and salt water side to prevent further weather intrusion. This was previously quoted as VJ1813 and supercedes that quote as option #3, per customer request. Difference is 4 more dog houses. FHS will also supply and install a new outdoor rated control box with cover and new joystick/pushbutton controls. FHS require free and clear access to unit and boatlift will be out of service until complete. TOTAL QUOTE AMOUNT $19, Quote Accepted by: PO Number: Customer / Company Representative MINIMUM ORDER AMOUNT - $ MISC SUPPLIES, NOT TO EXCEED $75, MAY BE ADDED AT TIME OF BILLING. ABOVE PRICES DO NOT INCLUDE: FREIGHT, RENTAL EQUIPMENT OR TAXES UNLESS OTHERWISE NOTED. * OVERTIME LABOR IS BETWEEN 4:30PM - 7:30AM, WEEKENDS AND HOLIDAYS. QUOTE VALID FOR 30 DAYS ONLY. PHONE: FAX: STATE ROAD 60 WEST, BARTOW, FL

13 October 30, 2018 Palm Bay Community Hatteras Dr. Tampa, Fl Phone: Fax: RFQ New power trollies with 8 dog houses and new control box Option #4 RE: QUOTATION Prepared by: Rick Thies QTY DESCRIPTION PRICE EXT We Are Pleased to Provide the Following Proposal: LEAD TIME 1 FHS to supply and install (QTY 2) motorized trollies, 2 ton $21, $21, days 40FPM and 240 VAC, identical to existing trollies. ARO FHS will also install 8 dog houses for both fresh and salt water side to prevent further weather intrusion. This was previously quoted as VJ1813 and supercedes that quote as option #4, per customer request. Difference is 4 more dog houses. FHS will also supply and install a new outdoor rated control box with cover and new joystick/pushbutton controls. FHS require free and clear access to unit and boatlift will be out of service until complete. FHS will supply a remote control system to control all 4 hoists and trollies with one reciever and one transmitter. FHS will also supply two spares and an outdoor weather box for remote control storage. TOTAL QUOTE AMOUNT $21, Quote Accepted by: PO Number: Customer / Company Representative MINIMUM ORDER AMOUNT - $ MISC SUPPLIES, NOT TO EXCEED $75, MAY BE ADDED AT TIME OF BILLING. ABOVE PRICES DO NOT INCLUDE: FREIGHT, RENTAL EQUIPMENT OR TAXES UNLESS OTHERWISE NOTED. * OVERTIME LABOR IS BETWEEN 4:30PM - 7:30AM, WEEKENDS AND HOLIDAYS. QUOTE VALID FOR 30 DAYS ONLY. PHONE: FAX: STATE ROAD 60 WEST, BARTOW, FL

14 MB Marine Construction Inc. Estimate 8763 Bay Pointe Dr. FL Date Estimate # 11/7/ Name / Address Rob Bergman robbergman71@hotmail.com Project Description Qty Rate Total MB Marine Construction Inc. to Furnish, Deliver & Install as Follows: Install 101' of New Seawall New sheet pile will be EPS 6.5 series 12' long reinforced with a concrete & steel cap. Construct 24" x 24" concrete cap that will be approximately 12" above the existing seawall elevation. The seawall cap will be reinforced with #5 reinforcing bars horizontally and #3 stirrups every 12" OC perpendicular to these rods to form a neat bundle. The anchor system will consist of concrete deadman with a 14' long triple hot dipped galvanized steel tieback rod 1" diameter. These tieback rods will be a maximum of 10"OC at the new wall. All Seawall work will be performed according to P.E. Drawing & Specifications. Permits & Permitting Included P.E. Drawings Included BACK FILL NOT INCLUDED 29, , Total $29,892.00

15 Ray Woods Construction Co. Inc. Contractor License No. CBC Additions Bath & Kitchen Remodeling Roofing New & Repairs 2209 Philippe Parkway Safety Harbor, FL Safety Harbor (727) Hillsborough (813) Pinellas (727) Fax (727) Cell (813) Date: 01/03/2019 PROPOSAL SUBMITTED TO: Rob Bergman Palm Bay Cape Hatteras Dock Tampa, FL Phone: We propose to do the following items at the above address for the following prices: To repair existing dock at main lift station (saltwater/freshwater) at areas were structure has deteriorated including stringers under decking, planks and cross member supports. Also replace decking planks on to and beside sea wall connected to existing deck as needed and as previously discussed with Rob Bergman. Also repair step down for boat access all work done on Northside dock. Approximate material estimate 200 lf of 2 x 8 pressure treated with all new galvanized bolts and necessary fasteners. Estimated cost $ Estimated Labor, 4 $45.00 per hour per 18 hours $3, Price as Quoted: $3, % down, balance upon completion. (Price does not include permits, engineering, or blueprints) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. This agreement is contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire: flood, tornado and other necessary insurance. Our workers are fully covered by worker s compensation insurance. All work described is considered base bid, unless otherwise noted. Existing conditions unknown to the contractor prior to the commencement of work, and/or conditions created from normal construction

16 practices after commencement of the work, where construction assemblies have to be altered, modified or repaired from that shown in these documents and/or existing hidden materials containing preexisting damage or rot which necessitates their replacement for structural, life safety or weather tightness reasons. Contractor shall submit an estimate in writing for compensation for reasonable costs to the owner for approval prior to proceeding. Contractor is not responsible for replacing lawn, landscaping, or irrigation equipment or systems Duty of contractor to notify residential property owner of fund. -- FLORIDA HOMEOWNER S CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNER S CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FL MANDATORY PROVISIONS FOR DIRECT CONTRACTS. ACCORDING TO FLORIDA S CONSTRUCTION LIEN LAW (SECTIONS , FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, OR MATERIAL SUPPLIERS THOSE PEOPLE WHO ARE OWED MONEY, MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A NOTICE TO OWNER. FLORIDA S CONSTRUCTION LIEN LAW IS COMPLEX AND IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Acceptance of Contract/Proposal: The above prices, specifications, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Signing of this document converts this proposal to a legal contract between contractor and customer. This contract applies to statute Customer Signature: Date of Acceptance: Thank you for your business, Ray Woods Ray Woods Construction Co. Inc.

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18 AGREEMENT BETWEEN THE PALM BAY CDD AND BAYCUT, Inc. FOR LANDSCAPE MAINTENANCE THIS AGREEMENT made this day of June, 2015, by and between BAYCUT, Inc. whose address is Hutchison Road; Tampa, FL and Palm Bay Community Development District (CDD), whose address 2300 Glades Road, suite 410W; Boca Raton, FL WHEREAS, BAYCUT, Inc. is duly licensed in the state of Florida and qualified to perform the job duties and has any and all approvals and licenses as required by law to provide the public these services ; and WHEREAS, by the execution of this Agreement, it is agreed that BAYCUT, Inc. will be performing professional services as an independent contractor and will not be subject to the control of PALM BAY CDD as to the means and method of performance of the services, except as hereinafter noted with regard to authority to bind or obligate PALM BAY CDD in performance of the services. NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions herein contained, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. SCOPEOF WORK The Contractor shall furnish all labor, material, supervision, equipment, supplies, tools, services, and all other necessary incidental items required to provide landscape maintenance within common areas and right of ways; as more specifically identified within Exhibit A. 2. TERM. This Agreement shall be for a period not to exceed (1) year, commencing Jan 1, 2019, unless mutually agreeable and at the prices stated in the proposal (attached as Exhibit A ). Page 1 of 5

19 3. TERMINATION The performance of work under this Contract may be terminated by the Owner at the Owner s sole and absolute discretion, with or without cause in accordance with this clause in whole, or from time in part, whenever the Owner shall determine that such termination is necessary. Any such termination shall be effected by delivery to the contractor of a Notice of Termination. 4. PAYMENT. The contractor shall bill the District, by the 10 th of each month, for work performed during the prior month. The District shall make payment within 30 days of receipt of invoice. All billing shall be in accordance with the prices and rates enclosed on the attached Exhibit A. Original invoices only. (No fax copiesof invoicesshall be accepted) 5. CONTRACTOR S ACCEPTANCE OF CONDITIONS. The Contractor has carefully examined the project site and has made sufficient test and other investigations to fully satisfy himself as to site conditions. It is expressly agreed that, under no circumstances, conditions or situations, shall this contract be more strongly construed against the District than against the Contractor. 6. SUBCONTRACTOR. The contractor may utilize the services of any specialty subcontractor on those parts of the work which under normal contracting practices are performed by such specialty subcontractors. The contractor shall not award any work to any subcontractor without prior written approval of the Owners. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. Nothing contained in the Contract Documents shall create contractual relations between any subcontractor and owner. 7. INSURANCE. a) The Contractor shall provide and maintain during the life of this Contract Workmen s compensation Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require each Subcontractor similarly to provide Workmen s Compensation Insurance for all of the latter employees are covered by the protection afforded by the contractor. In case any class of employees who are engaged in hazardous work under this contract at the site of project are not protected under the Workmen s Compensation Statute, The Contractor shall provide and shall cause each Subcontractor to provide adequate coverage for the protection of his employees not otherwise protected. b) The contractor shall provide and maintain during the life of this Contract, insurance that will protect him, and any subcontractor performing work covered by the contract from claims for damage for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under Page 2 of 5

20 this contract, whether such operations be by himself or by any subcontractors or by anyone directly or indirectly employed by either of them. The contractor shall also provide and maintain during the life of the contract, insurance that will indemnify and hold harmless the Owner, and their agents and employees from and against all claims, cost, expenses, including attorney s fees and damages arising out of or resulting from performance of the work, injury to or conduct, want of care or skill, negligence and patent infringement providing that any such claim, damage loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property (other that the work itself), including the loss of use resulting therefrom; and (b) is caused in whole or in part by any negligent or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is cause in part by a party indemnified hereunder. Insurance shall be provided with a limit of $1,000, in each of the policies as follows: I. Comprehensive General Liability Insurance, including Products and/or Complete Operations, The Owner shall be named as an additional insured. II. Each Occurrence (Bodily Injury and Property Damage). III. Limit Per Person Medical Expense. Insurance shall be provided with a limit of $ 300, in each of the policies as follows: IV. Automobile Liability for each person, accident and property damage. c)all such insurance shall be obtained from companies licensed and authorized to do business in the field of insurance in the State of Florida, and are authorized and licensed to provide the insurance Required herein. d) At the time of execution of contract, the contractor will file with the Owner certificates of such insurance, acceptable to the Owner. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) day prior written notice has been given to the owner. 8. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR Contractor Name: Baycut, Inc. Page 3 of 5

21 Address: Hutchison Road; Tampa, FL Telephone: (813) SS#/Tax ID# FOR DISTRICT: Palm Bay CDD 2300 Glades Road Suite 410W Boca Raton, FL Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties hereto, and shall not be altered, modified or amended unless such alteration, modification or amendment is set forth in writing and signed by the parties hereto. 10. Attorneys' Fees. In the event that any of the parties hereto shall institute any action or proceeding against any other party relating to this Agreement, each party shall be responsible for his/her own costs and expenses incurred in connection therewith. AGREEMENT BETWEEN PALM BAY CDD AND BAYCUT, INC. IN WITNESSWHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf on the dates indicated under their signatures. Palm Bay CDD By: Chesley Chuck Adams, District Manager day of June, 2015 Page 4 of 5

22 Contractor By: Witnesses: day of June, 2015 Print Name Page 5 of 5

23 PALM BAY COMMUNITY DEVELOPMENT DISTRICT 10

24 PALM BAY COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS UNAUDITED NOVEMBER 30, 2018

25 PALM BAY COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET GOVERNMENTAL FUNDS NOVEMBER 30, 2018 Major Funds Total Governmental ASSETS General Funds Cash $ 118,025 $ 118,025 Investments Accounts receivable Teco deposit Total assets $ 119,184 $ 119,184 LIABILITIES AND FUND BALANCES Liabilities: Lease deposit refundable $ 2,700 $ 2,700 Due to other funds Enterprise 2,199 2,199 Total liabilities 4,899 4,899 Fund Balances: Unassigned 114, ,285 Total fund balances 114, ,285 Total liabilities and fund balance $ 119,184 $ 119,184 1

26 PALM BAY COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE PERIOD ENDED NOVEMBER 30, 2018 Current Month Year to Date % of Budget Budget REVENUES Assessments $ 21,232 $ 21,232 $ 157,407 13% Boat slip maintenance - 21,001 - N/A Interest & miscellaneous % Total revenues 21,237 42, ,657 27% EXPENDITURES Professional Supervisors ,383 16% Management 1,544 3,089 18,536 17% Audit - - 7,200 0% Legal % Postage % Meeting room ,000 32% Insurance - 6,406 6,500 99% Printing and binding % Legal advertising 886 1,173 1,500 78% Other current charges % Annual district filing fee % Wesbite % Tax bills 1,456 1,456 1,500 97% Total professional 4,382 14,558 44,669 33% Parks & recreation Boat lift repair and maintenance - - 5,000 0% Lake maintenance ,500 8% Capital outlay - dock ,000 0% Total parks & recreation ,500 0% Access control Telephone - gate ,000 16% Insurance - property & causality - 2,389 2,500 96% Repairs & maintenance - gate 2,537 4,578 10,000 46% Landscape maintenance 1,617 1,617 15,000 11% Contingency % Capital outlay - - 2,500 0% Total access control 4,401 9,078 33,750 27% Roadway/signage/street lighting Electric utility service 1,339 1,339 13,000 10% Repairs and maintenance ,000 5% Total roadway/signage/street lighting 1,474 1,474 16,000 9% 2

27 PALM BAY COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE PERIOD ENDED NOVEMBER 30, 2018 Current Month Year to Date % of Budget Budget Other fees & charges Property appraiser - - 2,459 0% Tax collector ,279 13% Total other fees & charges ,738 7% Total expenditures 10,888 25, ,657 16% Excess/(deficiency) of revenues over/(under) expenditures 10,349 16,553 - Fund balances - beginning 103,936 97,732 62,491 Fund balances - ending $ 114,285 $ 114,285 $ 62,491 3

28 PALM BAY COMMUNITY DEVELOPMENT DISTRICT PROPRIETARY FUND STATEMENT OF NET POSITION NOVEMBER 30, 2018 ASSETS Balance Current assets: Cash - SunTrust $ 143,151 Accounts receivable - (net of allowances for uncollectible) 268 Due from governmental funds 2,199 Total current assets 145,618 Noncurrent assets: Utility plant and improvements 171,505 Less accumulated depreciation (171,505) Total capital assets, net of accumulated depreciation - Total noncurrent assets - Total assets 145,618 LIABILITIES Current liabilities: Accounts payable 736 Customer deposits payable 8,575 Total liabilities 9,311 NET POSITION Unrestricted 136,307 Total net position $ 136,307 4

29 PALM BAY COMMUNITY DEVELOPMENT DISTRICT PROPRIETARY FUND STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION FOR THE PERIOD ENDED NOVEMBER 30, 2018 Current Month Year to Date % of Budget Budget OPERATING REVENUES Assessment levy $ 2,138 $ 2,138 $ 15,850 13% Charges for sales and services: Water & sewer ,000 0% Interest % Uncoded revenue N/A Total operating revenues 2,202 2, ,860 2% OPERATING EXPENSES Water & sewer - county 7,302 7,302 95,767 8% Maintenance costs 2,742 5,485 15,000 37% Other current charges % Total operating expenses 10,212 13, ,617 12% Operating income (8,010) (10,336) 14,243-73% NONOPERATING REVENUES/(EXPENSES) Property appraiser - - (238) 0% Tax collector (42) (42) (317) 13% Total nonoperating revenues/(expenses) (42) (42) (555) 8% Change in net position (8,052) (10,378) 13,688 Total net position - beginning 144, , ,784 Total net position - ending $ 136,307 $ 136,307 $ 170,472 5

30 PALM BAY COMMUNITY DEVELOPMENT DISTRICT 11A

31 DRAFT MINUTES OF MEETING PALM BAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Palm Bay Community Development District held a Regular Meeting on Thursday, October 11, 2018 at 9:00 a.m., at the Courtyard by Marriott Tampa/Oldsmar, 4014 Tampa Road, Oldsmar, Florida Present and constituting a quorum were: Rob Bergman Chair Joe Aschenbrenner Vice Chair Win Williamson Assistant Secretary Anthony Richards Assistant Secretary Also present: Chuck Adams District Manager Daryl Crawford Resident and HOA President FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Adams called the meeting to order at 9:02 a.m. Supervisors Bergman, Aschenbrenner and Williamson were present, in person. Supervisors Turner and Miller were not present. SECOND ORDER OF BUSINESS Public Comments: Agenda Items There being no public comments, the next item followed. THIRD ORDER OF BUSINESS Consideration of Resignation of Supervisor Stacey Lee Turner, SEAT 2, Term Expires November, 2018 Mr. Adams presented the resignation of Mr. Turner from Seat 2. On MOTION by Mr. Aschenbrenner and seconded by Mr. Bergman, with all in favor, the resignation of Mr. Stacy Turner, was accepted. FOURTH ORDER OF BUSINESS Discussion/Consideration: Appointment to SEATS 2 and 4

32 PALM BAY CDD DRAFT October 11, 2018 As the Landowners Election is on November 8 th, Mr. Adams suggested delaying an appointment to Seat 2 to prevent going through this process twice. He recommended considering an appointment to Seat 4, previously held by Mr. Gary Miller, since the term expires November, Mr. Bergman nominated Mr. Anthony Richards to fill Seat 4; term expires November, No other nominations were made. On MOTION by Mr. Bergman and seconded by Mr. Williamson, with all in favor, the appointment of Mr. Anthony Richards to Seat 4, term expires November, 2020, was approved. A. Administration of Oath of Office (the following to be provided in separate package) Mr. Adams, a Notary of the State of Florida and duly authorized, administered the Oath of Office to Mr. Anthony Richards. He provided and explained the following items: i. Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees ii. Membership, Obligations and Responsibilities iii. Financial Disclosure Forms Form 1: Statement of Financial Interests Form 1X: Amendment to Form 1, Statement of Financial Interests Form 1F: Final Statement of Financial Interests iv. Form 8B Memorandum of Voting Conflict Mr. Richards was directed to submit Form 1 to the Supervisor of Elections Office, in the County in which he resides, within 30 days. Mr. Adams stated that it was not necessary to keep documents provided by Management, since they are the District s official records custodian of the District s public records. Since they are public records and subject to inspection and requests, if CDD documents are kept, a separate , computer file and file cabinet should be maintained solely for CDD documents and be separate from all business and personal records,. B. Consideration of Resolution , Electing the Officers of the District 2

33 PALM BAY CDD DRAFT October 11, 2018 Mr. Adams presented Resolution Mr. Williamson nominated the existing slate of officers, as follows, with the addition of Mr. Anthony Richards as Assistant Secretary: Chair Rob Bergman Vice Chair Joe Aschenbrenner Secretary Chuck Adams Treasurer Craig Wrathell Assistant Treasurer Jeff Pinder Assistant Secretary Win Williamson Assistant Secretary Anthony Richards Assistant Secretary Vacant Assistant Secretary Craig Wrathell No other nominations were made. On MOTION by Mr. Williamson and seconded by Mr. Richards, with all in favor, Resolution , Electing the Officers of the District, and Providing for an Effective Date, as nominated, was adopted. Mr. Adams stated Seats 2, 3, and 5 would be up for election at the November Landowners meeting. FIFTH ORDER OF BUSINESS Discussion: Review of Marina Repairs Needed: Bulkhead, Roof over Motors, Future Upgrade of Two Pushing Motors and Re-Wiring at New Control Box Mr. Bergman received documents pertaining to the Marina from Mr. Gary Miller, who took over the majority of this matter. It is becoming difficult to work with FHS, the District s Service Air Company, whether its communication, slow response or repair of bulkheads, he is trying to come up with other ideas; however, it is difficult to obtain proposals from other contractors. Mr. Adams noted the recommendation of a contractor that specializes in cradles, not just boat lifts, which was provided to him a few weeks ago. He presented the bid from FHS and the scope of work, condition and perimeter of the area involved via photograph, not including repairs to the bulkhead. To hold costs down, certain areas must be addressed sooner, 3

34 PALM BAY CDD DRAFT October 11, 2018 to avoid the Environmental Protection Agency (EPA) and the Environmental Protection Commission (EPC) becoming involved. Mr. Bergman stated that the commercial marine lift must be repaired in the near future; however, as few companies specialize in these services, obtaining a quote will be difficult. ND Marine, a local dock builder, gave a phone quote of $30,000 to run two external portions that did not include the U-shape. To prevent further delays, Mr. Adams recommended approving costs in a not-to-exceed amount and seeing if other quotes can be obtained. When asked about urgent projects, the condition of the area dredged a few years back, and boaters getting stuck, Mr. Adams suggested staggering the projects, by first having the dredging materials packed into geotubes and then using it to backfill, behind the seawall, which will prevent additional costs to obtain the permits required to move materials off site. In response to a question on whether corners can be reinforced to help alleviate tension, such as if the walls on the resident s side give way, Mr. Bergman stated the contractor mentioned reinforcing the end caps. The cradle u-shape project was not included, as it would have to be completed in phases, since it involves tearing down multiple areas. Discussion ensued regarding the areas associated with the quote, when the wall was initially installed, quotes needed for other projects, etc. Mr. Adams suggested finding out if all the projects can be done at once, since the Capital outlay dock budget line item for Fiscal Year 2018 had $45,000 remaining, Fiscal Year 2019 had $50,000 allotted to seawall repairs and since the District was no longer installing a dock at the beach. Mr. Bergman was concerned about the projects potentially causing a domino effect, specifically, the lift motors are working harder due to a leveling issue with the posts, what fixing it will entail, how long it has been happening, etc.; but there was no need to worry yet, since the annual safety inspection results were good. Quotes will be obtained for the U-shape and decking. He wants to address another issue and obtain quotes to upgrade the lift area, which will prevent further sun and water damages to the lift motors, along with quotes to purchase, replace and relocate electrical boxes for easy access to make repairs and install new wiring. Mr. Bergman noted that a resident believes the CDD is trying to run the marina into the ground because he was told that, rather than servicing them, the CDD was waiting for one of the four motors to die before replacing them. The proposed project costs were approximately $60,000 to $70,000, barring any structural issues; however, this was a phone quote

35 PALM BAY CDD DRAFT October 11, 2018 On MOTION by Mr. Bergman and seconded by Mr. Aschenbrenner, with all in favor, dredging and installation of 101 of new seawall, facing the salt water canal, in a not-to-exceed amount of $35,000, was approved. SIXTH ORDER OF BUSINESS Discussion: CDD Potential Assumption of Palm Bay Boat Club Facilities and Responsibilities Mr. Bergman attended the last HOA meeting. Several resident owners and Palm Bay Boat Club Members (Boat Club) expressed concerns about the value and what was happening to the Boat Club, since it is becoming an eyesore. Mr. Miller, a former Board Member, spoke with the Boat Club President regarding the CDD taking over and managing the 16 slips in the middle. Mr. Adams confirmed that the CDD would only take over slips located in the common gang way, since the others with folio numbers were privately owned. Mr. Bergman noted that the Boat Club considered the finger piers to be included in the takeover, since the Boat Club only owns the land that is above the water and the finger piers were built at the same time as the dock. An area map was reviewed and discussion ensued regarding folios, slip ownership, etc. Mr. Adams stated he will need more time to decipher how to proceed with the CDD taking over and making improvements, especially since the CDD, as a governmental entity, cannot make improvements to a private facility. He suggested creating an overlying easement over the area and having the individual owners sign-off granting the District an easement for the purposes of owning, operating and maintaining the common walkway and the finger piers. A Special Revenue Fund would then be set up to accept assessments specifically from the slip owners in the finger piers, since it provides them access to their slips. The main walkway would remain common to everyone, with those assessments remaining with the District. Mr. Bergman noted that the recent repairs to the dock will last two to five years and, because it was built lower than it should have been, structural issues are occurring, which will now require preparing for the cost to replace. The Boat Club currently has $7,000 in its fund that came from the 16 owners who were assessed $500 per year; the Boat Club is being pressured to make emergency repairs. He provided an overview of the maintenance the CDD would be taking on and recent discussions about the estimate to redo the entire dock; however, pilings, electric or water hook up were not included. He hoped slip owner s assessments would self fund its upkeep. Mr. Adams will have to research this matter further 5

36 PALM BAY CDD DRAFT October 11, 2018 and, if they can move forward with easements, he suggested the CDD look into financing and use assessments designated in the Special Revenue Fund to pay against the bank loan. Discussion ensued regarding deciphering whether the CDD, individual owner or the Boat Club is responsible for the dock and inner seawall. Mr. Bergman stated further discussions regarding private ownership of seawalls along the frontage of homes was necessary, as concerns were brought up at the HOA meeting about determining who owns the docks and the walkways. This item was deferred to the January meeting, where Mr. Adams will present options, after researching it further and speaking with District Counsel. SEVENTH ORDER OF BUSINESS Baycut Updated Scope of Work Addendum Mr. Bergman provided an overview of the annual contract addendum changes that were made to prevent any further confusion; those changes related mostly to project scheduling and how projects should be completed. Mr. Adams will review the contract, accept the changes and insert a public records provision. Once the revisions are finalized, a copy of the contract will be sent to the Board. The HOA requested pressure washing sidewalks in the entire neighborhood; however, some areas need repairs before being cleaned. Mr. Adams will obtain a schedule from the street sweeper, so residents can be made aware of when to move their vehicles to prevent any potential damage. Mr. Bergman suggested adding forms and documents to the HOA s website. Because of the Americans with Disability Act (ADA) website compliance issues, Mr. Adams will forward documents for the HOA to post to their website. A Board Member presented graphics for the sign to be made and posted near the lake; a quote was needed and would be forward to Mr. Adams for payment. EIGHTH ORDER OF BUSINESS Approval of Unaudited Financial Statements as of August 31, 2018 Mr. Adams presented the Unaudited Financial Statements as of August 31, Boat slip sales caused assessment revenue collections to jump to 126%. Because of a bidding war, the last available boat slip sold for $21,000, which will be reflected in the next statements. Expenditures were at 69%, well under the 92% prorated budget projections, mostly due to less spending than was projected for the Capital outlay dock and Capital outlay Access 6

37 PALM BAY CDD DRAFT October 11, 2018 control line items. Water & sewer Fund Operating Revenues were 93%, expenditures were at 86% and the Operating income was 153%, a $7,000 difference from the amount budgeted. The financials were accepted. NINTH ORDER OF BUSINESS Approval of July 5, 2018 Public Hearing and Regular Meeting Minutes Mr. Adams presented the July 5, 2018 Public Hearing and Regular Meeting Minutes and asked for any deletions, additions or corrections. On MOTION by Mr. Williamson and seconded by Mr. Aschenbrenner, with all in favor, the July 5, 2018 Public Hearing and Regular Meeting Minutes, as presented, were approved. A Board Member asked for clarification of discussion in the prior minutes regarding the front gate area, security concerns, too many cameras being a deterrent and appearance. Mr. Crawford stated prospective buyers were rejecting the community because of its overall appearance, specifically at the gate, the beach and the entranceway, as those areas appear seemingly unsafe because of the many cameras and signs posted. A Board Member stated a realtor received an from a prospective buyer declining the community because of those reasons. He stated that with the current change in protocol, the gate issues were resolved and he has heard only positive things since then. A Board Member noted a recent incident where a service call was placed to repair the exit gate, which was not locking; however, it was discovered that it was not broken and someone had just placed duck tape on the safety eye. Discussion ensued regarding the expense for the service call, if the cameras identified the culprit and if the Sherriff would address the issue directly with the person identified. TENTH ORDER OF BUSINESS Staff Reports A. District Counsel: Buchanan Ingersoll & Rooney PC There being no report, the next item followed. B. District Engineer: Landmark Engineering & Surveying Corp. There being no report, the next item followed. 7

38 PALM BAY CDD DRAFT October 11, 2018 C. District Manager: Wrathell, Hunt and Associates, LLC Mr. Adams noted the smooth transition from the CDD s utility management provider, Inframark, to US One. The contract was upgraded to include a monitoring system on the lift station that sends the company messages 24/7 about any critical operational issues. The cost was an additional $6,000. Routine hydrant checks and flushing will be performed soon and will result in additional costs. Discussion ensued regarding water pressure issues; it was noted that the County should be contacted directly, not the CDD. i. LANDOWNERS MEETING: November 8, 2018 at 9:00 A.M. Mr. Adams stated that the Landowners Meeting will be held on November 8, 2018 at 9:00 a.m. Board Members are not required to attend; however, Board Members may attend to cast their vote. The Proxy form was included in the last agenda package; however, he will it to everyone. The Fiscal Year 2019 Meeting Schedule was provided for informational purposes. Mr. Bergman left the meeting at 10:17 a.m. ELEVENTH ORDER OF BUSINESS Public Comments: Non-Agenda Items There being no public comments or non-agenda items, the next item followed. TWELFTH ORDER OF BUSINESS Supervisors Requests Due to a recent incident, a Board Member asked if District Management and the HOA could provide residents with further information, instructions or a cell number and for the HOA and CDD to coordinate efforts in updating their websites, to provide all the resource links regarding who to contact for specific situations. Because a potential owner was interested in buying the Fitzgerald house and wanted to inspect the seawall, a Board Member asked if the CDD could provide them and future buyers with documentation about seawall and dock ownership behind a residence, which could alleviate potential legal concerns. Discussion ensued regarding ownership of seawalls, docks, liability issues and the items being self-funded. Mr. Adams stated that homeowners own the seawall, deck and sidewalk path abutting a home; they are not owned by the CDD but, through the permitting process of installing a deck, the CDD has final approval. Regarding generating interest for candidates to fill the vacant Seat at the Landowner s Election meeting, Mr. Adams confirmed that HOA Board Members could also hold a CDD Board 8

39 PALM BAY CDD DRAFT October 11, 2018 Seat; however, avoiding potential Sunshine Law issues becomes a potential issue. If at the Landowners Meeting there is no interest or nominations, the Seat will remain vacant and then, at the January meeting, the remainder of the Board could appoint someone for the remainder of the term. THIRTEENTH ORDER OF BUSINESS Adjournment There being nothing further to discuss, the meeting adjourned. On MOTION by Mr. Aschenbrenner and seconded by Mr. Richards, with all in favor, the meeting adjourned at 10:28 a.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 9

40 PALM BAY CDD DRAFT October 11, 2018 Secretary/Assistant Secretary Chair/Vice Chair 10

41 PALM BAY COMMUNITY DEVELOPMENT DISTRICT 11B

42 DRAFT MINUTES OF MEETING PALM BAY COMMUNITY DEVELOPMENT DISTRICT The Palm Bay Community Development District held a Landowners Meeting on Thursday, November 8, 2018 at 9:00 a.m., at the Courtyard by Marriott Tampa/Oldsmar, 4014 Tampa Road, Oldsmar, Florida Present at the meeting were: Chuck Adams District Manager Jeff Lynn Resident Daryl Crawford Resident Mark Berardi Resident Martha Nader Resident Joe Aschenbrenner Resident FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Adams called the meeting to order at 9:01 a.m. Those in attendance stated their names. SECOND ORDER OF BUSINESS Proof of Publication The proof of publication was provided for informational purposes. THIRD ORDER OF BUSINESS Election of Chair to Conduct Landowners Meeting Those in attendance agreed to Mr. Adams serving as Chair to conduct the Landowners meeting. FOURTH ORDER OF BUSINESS Election of Supervisors [SEATS 2, 3 & 5] Mr. Adams stated that Seats 2, 3 and 5 were up for election. Seat 2 was currently vacant and Seats 3 and 5 were currently held by Mr. Aschenbrenner and Mr. Williamson, respectively. A. Nominations Seat 2 Nominations:

43 PALM BAY CDD DRAFT November 8, Mr. Aschenbrenner nominated Mr. Speros Margetis for Seat 2. Ms. Nader nominated herself for Seat 2. Ms. Nader withdrew her nomination for Seat 2 and expressed her intent to nominate herself for Seat 5. Mr. Lynn nominated himself for Seat 2. No other nominations were made. Seat 3 Nominations: Mr. Aschenbrenner nominated himself for Seat 3. Mr. Berardi nominated Mr. Jeremy Popielarcheck for Seat 3. No other nominations were made. Seat 5 Nominations: Ms. Nader nominated herself for Seat 5. Mr. Aschenbrenner nominated Mr. Win Williamson for Seat 5. Mr. Lynn nominated Mr. Berardi for Seat 5. No other nominations were made. B. Casting of Ballots i. Determine Number of Voting Units Represented A total of 24 voting units were represented. ii. Determine Number of Voting Units Assigned by Proxy A total of 19 votes were assigned via proxy. Mr. Lynn was proxy holder of eight votes and Mr. Aschenbrenner was proxy holder of 11 votes. Mr. Lynn may cast a total of nine votes for each Seat; his votes were comprised of eight by proxy and one as a Landowner. Mr. Aschenbrenner may cast a total of 12 votes for each Seat; his votes were comprised of 11 by proxy and one as a Landowner. Holding only his Landowner vote, Mr. Crawford may cast one vote for each Seat. Holding only his Landowner vote, Mr. Berardi may cast one vote for each Seat. Holding only her Landowner vote, Ms. Nader may cast one vote for each Seat. ***DUE TO TECHNICAL DIFFICULTIES, THE REMAINDER OF THE MINUTES WERE TRANSCRIBED FROM THE MEETING NOTES*** C. Ballot Tabulation and Results 2