AVENIR COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 AVENIR COMMUNITY DEVELOPMENT DISTRICT CITY OF PALM BEACH GARDENS REGULAR BOARD MEETING & PUBLIC HEARING APRIL 27, :00 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA AVENIR COMMUNITY DEVELOPMENT DISTRICT The Oaks Center 2501 Burns Road, Suite A Palm Beach Gardens, Florida REGULAR BOARD MEETING & PUBLIC HEARING April 27, :00 a.m. A. Call to Order B. Proof of Publication...Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. March 30, 2017 Regular Board Meeting.Page 2 G. Public Hearing Budget 1. Proof of Publication.Page 7 2. Receive Public Comments on Fiscal Year 2016/2017 Final Budget 3. Consider Resolution No Adopting a Fiscal Year 2016/2017 Final Budget Page 8 H. Public Hearing Uniform Method 1. Proof of Publication.Page Receive Public Comments on Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non-Ad Valorem Assessments 3. Consider Resolution No Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non-Ad Valorem Assessments..Page 14 I. Old Business J. New Business 1. Consider Resolution No Adopting a Fiscal Year 2017/2018 Proposed Budget Page 16 K. Administrative Matters L. Board Member Comments M. Adjourn

3 Page 1

4 AVENIR COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING MARCH 30, 2017 A. CALL TO ORDER The Regular Board Meeting of the Avenir Community Development District was called to order at 11:15 a.m. in the offices of Special District Services, Inc. located at 2501A Burns Roam Beach Gardens, Florida B. PROOF OF PUBLICATION Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post on March 20, 2017, as part of the District s Fiscal Year 2016/2017 Regular Meeting Schedule, as legally required. C. SEAT ELECTED BOARD MEMBERS D. ADMINISTER OATHS OF OFFICE AND REVIEW BOARD MEMBER RESPONSIBILITIES & DUTIES Mr. Pimentel, Notary Public in the State of Florida, administered the Oath of Office to Rosa Schechter, E. Daniel Lopez, David Serviansky, and Eduardo Stern. He noted that Ms. Cepero could be sworn in prior to the next meeting. Mr. Lyles explained to the newly sworn in Board Members that they are public officials and are subject to State Ethics Laws, Sunshine Laws and public records requests. He further explained their role as Board Supervisors. E. ESTABLISH A QUORUM A quorum was established with the following Supervisors in attendance: Virginia Cepero (via conference call), Rosa Eckstein Schechter, E. Daniel Lopez, David Serviansky and Eduardo Stern. Also in attendance were Peter L. Pimentel and Jason Pierman of Special District Services, Inc.; Attorney Dennis Lyles of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; District Engineer Carlos Ballbe of Ballbe & Associates.; and Bond Counsel Stephen Sanford (via conference call) of Greenberg Traurig, P.A. Also present were: Tricia LasCasas and Len Lindahl of Special District Services, Inc.; Brian Seymour of Gunster; and Scott Schule (via conference call) of U.S. Bank. F. ELECTION OF OFFICERS Page 1 of 5

5 Mr. Pimentel explained that, at this time, it would be in order to elect a slate of officers. A motion was made by Mr. Lopez, seconded by Ms. Schechter, and unanimously passed to elect the following slate of officers: Chairman: Virginia Cepero Vice Chairman: Rosa Schechter Secretary/Treasurer: Peter Pimentel Assistant Treasurer: Jason Pierman Assistant Secretary: Jason Pierman Assistant Secretary: Daniel Lopez Assistant Secretary: David Serviansky Assistant Secretary: Eduardo Stern G. CONFIRMATION OF INITIAL LANDOWNERS ELECTION RESULTS Mr. Pimentel announced the results of the Landowners Election and explained that we would confirm them again in Resolution H. ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. I. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA Mr. Pimentel noted that no members of the public were present. J. APPROVAL OF MINUTES 1. February 8, 2017, Special Organizational Meeting The minutes of the February 8, 2017, Special Organizational Meeting were presented for approval. A motion was made by Ms. Schechter, seconded by Mr. Stern and passed unanimously approving the minutes of the February 8, 2017, Special Organizational Meeting, as presented. K. OLD BUSINESS 1. Consider Approval of Landowners Funding Agreement Mr. Pimentel explained that the agreement had been brought back from the previous meeting, and that an acquisition agreement would be presented at a future meeting. Mr. Lyles noted that he had worked with the developer to finalize the agreement. A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously approving the Landowners Funding Agreement, as presented. L. NEW BUSINESS 1. Consider Resolution No Canvassing & Certifying the Results of the Landowners Election Mr. Pimentel presented Resolution No , entitled: Page 2 of 5 Page 3

6 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION (2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr. Serviansky, seconded by Ms. Schechter and passed unanimously to adopt Resolution No , as presented. 2. Consider Selection of a District Engineer Mr. Pimentel noted that Ballbe & Associates was the sole responder. Mr. Ballbe presented his proposal, highlighting his firm s experience with CDDs. A motion was made by Mr. Lopez, seconded by Ms. Schechter, and unanimously passed to appoint Ballbe & Associates as the District s Engineer. 3. Consider Approval of Preliminary Report of Engineer Mr. Ballbe presented the Preliminary Engineer Report, noting that the estimated cost is $302,579,900 for planned improvements, which include a wastewater collection system, water distribution system, surface water management and drainage system, wetland mitigation and conservation, roadway improvements, open space and recreation, and landscaping, irrigation, entrance features and hardscapes. Mr. Pimentel explained that there had been some unsubstantial changes made by Bond Counsel, and recommended approving the report, subject to those changes. A motion was made by Ms. Schechter, seconded by Ms. Stern, and unanimously passed to approve the Preliminary Report of Engineer, subject to Bond Counsel s changes. 4. Consider Appointment of Trustee Mr. Pimentel explained that staff had solicited three proposals (Regions Bank, US Bank, and Zions Bank), and indicated that the three proposals were very similar in their pricing. Mr. Schule gave a brief presentation regarding US Bank. Following discussion, a motion was made by Ms. Schechter, seconded by Mr. Lopez, and unanimously passed to appoint Regions Bank as trustee. 5. Consider Resolution No Authorizing the Issuance of Bonds Mr. Sanford presented Resolution No , entitled: RESOLUTION NO AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $360,000,000 AGGREGATE PRINCIPAL AMOUNT OF AVENIR COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, IN ONE OR MORE SERIES, TO PAY ALL OR A PORTION OF THE DESIGN, ACQUISITION, CONSTRUCTION COSTS OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, PUBLIC ROADWAY IMPROVEMENTS, STORMWATER Page 3 of 5 Page 4

7 MANAGEMENT AND CONTROL FACILITIES, INCLUDING, BUT NOT LIMITED TO, RELATED EARTHWORK AND ACQUISITION OF INTERESTS IN REAL PROPERTY; WATER AND WASTEWATER SYSTEMS; UNDERGROUNDING DIFFERENTIAL OF UTILITIES; PUBLIC PARKS AND RECREATIONAL FACILITIES; LANDSCAPING, HARDSCAPING, LANDSCAPE BUFFERS, IRRIGATION IN PUBLIC RIGHTS OF WAY AND ENTRANCE FEATURES; WETLANDS MITIGATION AND CONSERVATION AREAS AND RELATED INCIDENTAL COSTS RELATING TO THE DEVELOPMENT OF THE DISTRICT, PURSUANT TO CHAPTER 190, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR THE APPOINTMENT OF A TRUSTEE; APPROVING THE EXECUTION AND DELIVERY OF A MASTER TRUST INDENTURE AND A SUPPLEMENTAL TRUST INDENTURE IN SUBSTANTIALLY THE FORMS ATTACHED HERETO; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT (EXCEPT AS OTHERWISE PROVIDED HEREIN), PALM BEACH COUNTY, FLORIDA, THE CITY OF PALM BEACH GARDENS, FLORIDA, OR OF THE STATE OF FLORIDA OR OF ANY OTHER POLITICAL SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS LEVIED ON THE PROPERTY WITHIN THE DISTRICT BENEFITED BY THE PUBLIC IMPROVEMENTS AND SUBJECT TO SPECIAL ASSESSMENTS; PROVIDING FOR THE JUDICIAL VALIDATION OF SUCH BONDS; PROVIDING FOR OTHER RELATED MATTERS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Sanford explained that this is the first step in authorizing bonds, and that this resolution authorized up to $360 million, which is more than is needed, but provided a cushion. He further noted that the impact fees and water and sewer connection fees needed to be removed, based on the Engineer s Report. Mr. Sanford also stated that the resolution approved the master trust indenture, which will be tweaked with each bond issue, and authorizes Bond Counsel to commence the validation process. He recommended approval, as amended with the noted changes. A motion was made by Ms. Schechter, seconded by Mr. Lopez, and unanimously passed to adopt Resolution No , as amended. 6. Consider Approval to Adopt County Property Appraiser Agreement Mr. Pimentel presented the County Property Appraiser Agreement, noting that the agreement is nonnegotiable, and must be accepted in order for the County to collect assessments. A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously approving the adoption of the County Property Appraiser Agreement, as presented. 7. Consider Resolution No Electronic Approval Process and Authorized Signatories Mr. Pimentel presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT, AUTHORIZING THE Page 4 of 5 Page 5

8 ESTABLISHMENT OF A DISTRICT CHECKING/OPERATING ACCOUNT, DESIGNATING DISTRICT OFFICIALS AND/OR AUTHORIZED STAFF TO REVIEW, APPROVE AND ISSUE PAYMENT OF EXPENDITURES, SELECTING THE SIGNATORIES THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mr. Pimentel explained that the resolution designates the authorized signers for the District. It was noted that Virginia Cepero would be the additional signer from the Board. A motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously to adopt Resolution No , as presented, naming Virginia Cepero as the additional signatory. M. ADMINISTRATIVE MATTERS There were no Administrative Matters to come before the Board. N. BOARD MEMBER COMMENTS Mr. Pimentel noted that the next meeting would be held on April 27, O. ADJOURNMENT There being no further business to come before the Board, a motion was made by Ms. Schechter, seconded by Mr. Lopez and passed unanimously to adjourn the meeting at 11:50 a.m. ATTESTED BY: Secretary/Assistant Secretary Chairperson/Vice-Chair Page 5 of 5 Page 6

9 Date Printed 03/21/2017 Time Printed 11:16 AM Order Page 3 of 4 RECEIPT COXMedia Group A Division of COX Enterprises, Inc. Page 7

10 RESOLUTION NO A RESOLUTION OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2016/2017 BUDGET. WHEREAS, the Avenir Community Development District ( District ) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2016/2017 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and, WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non ad-valorem assessments upon the properties within the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. The Final Budget and Final Special Assessment Roll for Fiscal Year 2016/2017 attached hereto as Exhibit A is approved and adopted, and the assessments set forth therein shall be levied. Section 2. The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution. PASSED, ADOPTED and EFFECTIVE this 27 th day of April, ATTEST: AVENIR COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 8

11 Avenir Community Development District Final Budget For Fiscal Year 2016/2017 February 8, September 30, 2017 Page 9

12 Page 10

13 Page 11

14 Page 12

15 Date Printed 03/21/2017 Time Printed 11:16 AM Order Page 3 of 4 RECEIPT COXMedia Group A Division of COX Enterprises, Inc. Page 13

16 RESOLUTION RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING, AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE AVENIR COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH SECTION , FLORIDA STATUTES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Avenir Community Development District ( District ) was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the District to levy special assessments pursuant to Chapter 170, Florida Statutes, for the acquisition, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and WHEREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be collected under the provisions of Section , Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments; and WHEREAS, pursuant to Section , Florida Statutes, the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Palm Beach County for four (4) consecutive weeks prior to such hearing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The Avenir Community Development District upon conducting its public hearing as required by Section , Florida Statutes, hereby expresses its intent to use the uniform method of collecting assessments imposed by the District as provided in Chapters 170 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Exhibit A. The non-ad valorem assessments and the District s use of the uniform method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the uniform method for that year is in the best interests of the District. Page 1 of 2

17 SECTION 2. The District s Secretary is authorized to provide the Property Appraiser and Tax Collector of Palm Beach County and the Department of Revenue of the State of Florida with a copy of this Resolution and enter into any agreements with the Property Appraiser and/or Tax Collector necessary to carry out the provisions of this Resolution. SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. PASSED AND ADOPTED this 27 th day of April, ATTEST: AVENIR COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairman, Board of Supervisors Exhibit A: Legal Description Page 2 of 2 Page 15

18 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2017/2018; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors ( Board ) of the Avenir Community Development District ( District ) is required by Chapter , Florida Statutes, to approve a Proposed Budget for each fiscal year; and, WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2017/2018 has been prepared and considered by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVENIR COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. The Proposed Budget including the Assessments for Fiscal Year 2017/2018 attached hereto as Exhibit A is approved and adopted. Section 2. A Public Hearing is hereby scheduled for, 2017 at 11:00 a.m. in The Oaks Center, 2501 Burns Road, Suite A, Palm Beach Gardens, Florida 33410, for the purpose of receiving public comments on the Proposed Fiscal Year 2017/2018 Budget. PASSED, ADOPTED and EFFECTIVE this 27 th day of April, ATTEST: AVENIR COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairman/Vice Chairman Page 16

19 Avenir Community Development District Proposed Budget For Fiscal Year 2017/2018 October 1, September 30, 2018 Page 17

20 Page 18

21 Page 19

22 Page 20