VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA

Transcription

1 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA January 9, 2019

2 Verandah West Community Development District OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W Boca Raton, Florida Phone: (561) Fax: (561) Toll-free: (877) December 17, 2018 Board of Supervisors Verandah West 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 Verandah West Community Development District s Board of Supervisors will be held on Wednesday, January 9, 2019 at 1:30 p.m., at the Verandah Sales Office, Verandah Blvd., Ft. Myers, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Public Comments [3 minutes per person] 3. Administration of the Oath of Office to Newly Elected Supervisors, Susan McIntyre [SEAT 2] and Paul Zampiceni [SEAT 4] (the following to be provided in a separate package) A. Guide to Sunshine Amendment and Code of Ethics for Public Officers and Employees B. Membership, Obligations and Responsibilities C. Financial Disclosure Forms i. Form 1: Statement of Financial Interests ii. Form 1X: Amendment to Form 1, Statement of Financial Interests iii. Form 1F: Final Statement of Financial Interests D. Form 8B Memorandum of Voting Conflict 4. Consideration of Resolution , Electing the Officers of the Verandah West Community Development District, Lee County, Florida; and Providing for an Effective Date 5. Acceptance of Unaudited Financial Statements as of November 30, Approval of August 8, 2018 Public Hearings and Regular Meeting Minutes 7. Staff Reports A. District Counsel: Hopping Green & Sams, P.A.

3 Board of Supervisors Verandah West Community Development District January 9, 2019, Regular Meeting Agenda Page 2 B. District Engineer: Johnson Engineering, Inc. C. District Manager: Wrathell, Hunt and Associates, LLC NEXT MEETING DATE: May 8, 2019 at 1:30 P.M. 8. Supervisors Requests 9. Adjournment Should you have any questions, please do not hesitate to contact me directly at (239) 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 ELECTING THE OFFICERS OF THE VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT, LEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors of the Verandah West Community Development District was notified of the results of the General Election held on November 6, 2018 for Seats 2 and 4; and WHEREAS, the Board of Supervisors of the Verandah West Community Development District desires to elect the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons are elected to the offices shown: Chair Vice Chair Secretary Treasurer Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Treasurer Craig Wrathell Craig Wrathell Chuck Adams Jeff Pinder 2. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9 th day of January, Secretary/Assistant Secretary Chair/Vice Chair, Board of Supervisors

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7 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS UNAUDITED NOVEMBER 30, 2018

8 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET GOVERNMENTAL FUNDS NOVEMBER 30, 2018 Major Funds Debt Service General Series 2013 Total Governmental Funds ASSETS Cash (SunTrust) $ 337,749 $ - $ 337,749 Investments Revenue account Reserve account - 448, ,350 Prepayment - 94,027 94,027 Due from general fund - 229, ,508 Due from other governments 4,278-4,278 Total assets $ 342,027 $ 772,566 $ 1,114,593 LIABILITIES Liabilities: Accounts payable $ 7,350 $ - $ 7,350 Due to debt service fund 229, ,508 Due to other governments 5,686-5,686 Total liabilities 242, ,544 Fund balances: Restricted for: Debt service - 772, ,566 Unassigned 99,483-99,483 Total fund balances 99, , ,049 Total liabilities and fund balances $ 342,027 $ 772,566 $ 1,114,593 1

9 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED NOVEMBER 30, Current Month Year to Date % of Budget Budget REVENUE Special assessment: on-roll $ 50,325 $ 50,325 $ 198,107 25% Special assessment: off-roll 1,596 3,192 19,154 17% Interest & miscellaneous % Total revenue 51,924 53, ,596 25% EXPENDITURE Professional & administrative Supervisor fees - - 2,794 0% Management and accounting 5,818 11,636 69,818 17% Audit - - 8,325 0% Legal - - 5,587 0% Field management 985 1,971 11,824 17% Engineering - - 2,794 0% Trustee 3,003 3,003 5,587 54% Dissemination agent ,626 17% Arbitrage - - 1,676 0% Assessment roll preparation ,409 0% Telephone % Postage % Insurance - 6,751 7,280 93% Printing & binding % Legal advertising % Office expenses and supplies % Website % Contingencies % Annual district filing fee % Total professional & admin 10,698 25, ,016 18% Water management Contractual services 5,362 5,362 64,253 8% Aquascaping - - 2,794 0% Contingencies ,381 1% Total water management 5,441 5,441 75,428 7% 2

10 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND 001 FOR THE PERIOD ENDED NOVEMBER 30, Current Month Year to Date % of Budget Budget Other fees and charges Property appraiser - - 1,057 0% Tax collector ,095 20% Total other fees & charges ,152 15% Total expenditures 16,762 31, ,596 14% Excess/(deficiency) of revenues over/(under) expenditures 35,162 22,107 - Fund balances - beginning 64,321 77,376 81,794 Fund balances - ending $ 99,483 $ 99,483 $ 81,794 3

11 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2013 FOR THE PERIOD ENDED NOVEMBER 30, 2018 Current Month Year to Date % of Budget Budget REVENUES Special assessment: on-roll $ 229,052 $ 229,052 $ 912,866 25% Special assessment: off-roll - 84, ,582 25% Interest income 1,164 2,159 - N/A Total revenues 230, ,560 1,251,448 25% EXPENDITURES Debt service Principal ,000 0% Prepayment 5,000 5,000 - N/A Interest 310, , ,600 50% Total debt service 315, ,025 1,255,600 25% Excess/(deficiency) of revenues over/(under) expenditures (84,809) 535 (4,152) Fund balances - beginning 857, , ,373 Fund balances - ending $ 772,566 $ 772,566 $ 758,221 4

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13 DRAFT MINUTES OF MEETING VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT Multiple Public Hearings and a Regular Meeting of the Verandah West Community Development District s Board of Supervisors were held on Wednesday, August 8, 2018 at 1:30 p.m., at the Verandah Sales Office, Verandah Blvd., Ft. Myers, Florida Present and constituting a quorum were: Jeffrey Jordan Susie McIntyre (via telephone) Gerald Baldwin Donald Newman Paul Zampiceni Also present were: Chuck Adams Cleo Adams Jason Olson Alyssa C. Willson (via telephone) Mallory Clancy Tony Grau (via telephone) Tom Galvin Richard Thomas Ann Harrison Donna Richards Ron DeVal FIRST ORDER OF BUSINESS Chair Vice Chair Assistant Secretary Assistant Secretary Assistant Secretary District Manager Assistant Regional Manager Assistant Regional Manager District Counsel District Engineer Grau & Associates Resident Resident Resident Resident Resident Call to Order/Roll Call Mr. Adams called the meeting to order at 1:41 p.m. Supervisors Jordan, Baldwin, Newman and Zampiceni were present, in person. Supervisor McIntyre was attending via telephone. SECOND ORDER OF BUSINESS There being no public comments, the next item followed. Public Comments [3 minutes per person] 1

14 VERANDAH WEST CDD DRAFT August 8, THIRD ORDER OF BUSINESS Public Hearing to Hear Comments and 42 Objections on Adoption of Fiscal Year /2019 Budget 44 A. Proof/Affidavit of Publication 45 Mr. Adams presented the affidavit of publication. 46 B. Consideration of Resolution , Relating to the Annual Appropriations and 47 Adopting the Budget for the Fiscal Year Beginning October 1, 2018, and Ending 48 September 30, Mr. Adams reviewed the proposed Fiscal Year 2019 budget noting that the 50 Contingencies line item was increased from $1,000 to $15,000, for Fiscal Year 2019, which 51 was necessary to rebuild fund balance that was used to fund the unexpected and unbudgeted 52 costs related to hurricane cleanup expenses of approximately $12,000 in Fiscal Year This 53 budget increase is intended to replenish the low fund balance, which must also be used to 54 cover the gap funding needs for the first few months of Fiscal Year 2019, until assessment 55 revenues are received in January. On-roll assessments increased from $ in 56 Fiscal Year 2018 to $ per unit in Fiscal Year 2019 and off-roll assessments increased from 57 $ to $ per unit. Mr. Adams explained the difference between on-roll and off-roll 58 assessments and how each is calculated. 59 Mr. Adams opened the Public Hearing. 60 Mr. Tom Galvin, a resident, asked if the $15,000 assessment, due to Hurricane Irma, was 61 a one-time occurrence. Mr. Adams stated assessments will most likely remain in place, year- 62 over-year, for future protection of the surplus fund balance; typically, the fund balance should 63 be 25% to 30% of the annual budget, which did not happen in prior years. With an already 64 streamlined budget, fund balances being used for gap funding and assessments not increasing 65 during the recession years, this increase would help create a funding cushion. 66 Mr. Richard Thomas, a resident, asked if it was true that the projected number of door 67 fronts was reduced. Mr. Adams stated it was reduced by 60 units. In response to whether off- 68 roll and on-roll information was up-to-date, Mr. Adams confirmed it was up-to-date and 69 explained how the number of on and off-roll units are determined and how differences can 70 occur. Mr. Baldwin stated that only Verandah East CDD was affected by the reduction in the 2

15 VERANDAH WEST CDD DRAFT August 8, number of door fronts and not Verandah West CDD. The only connection is that both approve 72 a common budget. 73 Ms. Ann Harrison, a resident involved in community landscaping, asked what specifically 74 were the CDD s responsibilities to warrant this budget amount. Mr. Adams stated the CDD is 75 responsible for the CDD s lake and wetland maintenance, aquatic plantings around the 76 perimeter of the lakes, interconnecting pipes between the lakes and wetlands, removal of 77 invasive plant materials and lake bank erosion repairs. Residents should report maintenance 78 concerns or issues within the wetland area to Management, so the CDD can address the issues 79 and remain in compliance. 80 Mr. Adams stated that a large portion of the overall assessments is comprised of the 81 Debt Services Assessments, which are used to pay off the bonds; the current assessment 82 increase is related to the Operations and Maintenance (O&M) activities. Pages 13 and contain a detailed table listing each community, product type and the Debt Service and O&M 84 assessments broken down. 85 Ms. Harrison asked if spraying the area was to remove insects or to prevent aquatic 86 plants from growing. Mrs. Adams stated the area is sprayed to prevent algae, submersed vines, 87 weeds and grasses from growing up to the turf; however, they are necessary to prevent soil 88 erosion. Residents can only remove vegetation from their property. 89 Mr. Thomas stated that his home backs up to the preserve and asked about removing a 90 tree located in the preserve that would cause damage to his property if it fell. Mr. Adams 91 stated that dead trees can only be removed from the preserve but the CDD is now on notice of 92 a potential liability. 93 Ms. Donna Richards, a resident, stated that, since Hurricane Irma, she noticed dead 94 foliage on Verandah Boulevard, at the first gate. Mr. Adams explained that it is part of the 95 natural cycle; however, she is allowed to cut any branches hanging over onto her property. 96 Mr. Ron DeVal, a resident, agreed with Ms. Richards that Hurricane Irma took down a 97 lot of trees along Hole #5. Mrs. Adams stated, she discussed this issue with Mr. Martin during 98 the Verandah East CDD meeting. She will tour the area and confirm whether the issue is on the 3

16 VERANDAH WEST CDD DRAFT August 8, golf course or conservation property; and, if so, beautify it and look into whether Verandah 100 Boulevard, Hole #1, has the same issue. 101 Mr. Adams closed the Public Hearing. 102 Mr. Adams presented Resolution On MOTION by Mr. Jordan and seconded by Mr. Zampiceni, with 105 all in favor, Resolution , Relating to the Annual 106 Appropriations and Adopting the Budget for the Fiscal Year 107 Beginning October 1, 2018, and Ending September 30, 2019, was 108 adopted FOURTH ORDER OF BUSINESS Public Hearing to Hear Comments and 112 Objections on the Imposition of 113 Maintenance and Operation Assessments 114 to Fund the Budget for Fiscal Year /2019, Pursuant to Florida Law A. Proof/Affidavit of Publication 118 Mr. Adams presented the affidavit of publication. 119 B. Mailed Notice(s) to Property Owner(s) 120 A copy of the Mailed Notice was included for information purposes. It was noted that 121 the 1:00 p.m., start time in the Mailed Notice was incorrect and should have been 1:30 p.m. 122 C. Consideration of Resolution , Making a Determination of Benefit; Imposing 123 Special Assessments; Providing for the Collection and Enforcement of Special 124 Assessments, Including But Not Limited to Penalties and Interest Thereon; Certifying 125 an Assessment Roll; Providing for Amendments to the Assessment Roll 126 Mr. Adams presented Resolution This is the assessment levying Resolution. It 127 takes into consideration the newly adopted Fiscal Year 2019 budget and the assessment levels 128 therein and directs Staff to prepare and transmit the lien roll to the Tax Collector for the on-roll 129 assessments and direct bill the off-roll assessments. 130 Mr. Adams opened the Public Hearing. 131 No members of the public spoke. 4

17 VERANDAH WEST CDD DRAFT August 8, Mr. Adams closed the Public Hearing On MOTION by Mr. Zampiceni and seconded by Mr. Jordan, with all in favor, Resolution , Making a Determination of Benefit; Imposing Special Assessments; Providing for the Collection and Enforcement of Special Assessments, Including But Not Limited to Penalties and Interest Thereon; Certifying an Assessment Roll; Providing for Amendments to the Assessment Roll, was adopted. FIFTH ORDER OF BUSINESS Consideration of Resolution , Adopting the Annual Meeting Schedule for Fiscal Year 2018/2019 Mr. Adams presented Resolution Mr. Adams confirmed if any change is 147 necessary, an amended schedule would be advertised, accordingly On MOTION by Mr. Baldwin and seconded by Mr. Newman, with all in favor, Resolution , Adopting the Annual Meeting Schedule for Fiscal Year 2018/2019, was adopted. SIXTH ORDER OF BUSINESS Acceptance of Unaudited Financial Statements as of June 30, 2018 Mr. Adams presented the Unaudited Financial Statements as of June 30, The CDD 158 was mostly blended on the revenue collections year-to-date. Expenditures were at 77%, 159 slightly above the 75% prorated projection but expenditures were expected to be under budget 160 at the end of Fiscal Year SEVENTH ORDER OF BUSINESS Approval of May 9, 2018 Regular Meeting Minutes Mr. Adams presented the May 9, 2018 Regular Meeting Minutes and asked for any 166 additions, deletions or corrections 167 5

18 VERANDAH WEST CDD DRAFT August 8, On MOTION by Mr. Jordan and seconded by Mr. Newman, with all in favor, the 169 May 9, 2018 Regular Meeting Minutes, as presented, were approved EIGHTH ORDER OF BUSINESS Staff Reports A. District Counsel: Hopping Green & Sams, P.A. 175 There being no report, the next item followed. 176 B. District Engineer: Johnson Engineering, Inc. 177 There being no report, the next item followed. 178 C. District Manager: Wrathell, Hunt and Associates, LLC 179 i. Consideration of ADA Site Compliance Proposal for Website Compliance Shield, 180 Accessibility Policy and One (1) Annual Technological Audit 181 Mr. Adams presented the ADA Site Compliance (ADASC) proposal. Lawsuits were filed 182 against numerous entities alleging their websites were not accessible to the visually impaired; 183 therefore, not compliant with the Americans with Disabilities Act (ADA). Although this District 184 was not served, on behalf of all its Districts, Management engaged ADASC to update each 185 website with an ADA Compliance Seal, which links to the Accessibility Compliance Policy. The 186 annual cost is $199 per District. Websites are being remediated to include only legally required 187 items, remove outdated information and covert remaining documents to an ADA compliant 188 format. Management is negotiating the fee to perform a human audit to a prototype website. 189 Going forward, only ADA compliant documents will be posted on the website. Mr. Adams 190 distributed Special District Website Compliance List listing the documents statutorily required 191 to be posted to CDD websites, along with the expiration dates. The website will link to the 192 Auditor General s website, for those that want to view the annual audits. Egis, the CDD s 193 insurance carrier, engaged Roper & Roper, P.A. (R&R) to defend these lawsuits. R&R filed 194 Motions to Dismiss, which resulted in reaching a global settlement, not only for the CDDs that 195 were served but on behalf of all CDDs covered by Egis. As part of the settlement, the websites 196 must be brought into ADA compliance within 18 months NINTH ORDER OF BUSINESS Supervisors Requests 6

19 VERANDAH WEST CDD DRAFT August 8, A Board Member asked about the land located near the 18 th tee. Mr. Adams stated he 200 reviewed aerial photographs, which showed no signs of additional activity. The survey stakes 201 have been on the property for years. He directed interested parties to review the Lee County 202 website, which contains historical information about the property TENTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned. On MOTION by Mr. Newman and seconded by Mr. Zampiceni, with all in favor, the meeting adjourned at 2:25 p.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 7

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22 VERANDAH WEST COMMUNITY DEVELOPMENT DISTRICT NOTICE OF FISCAL YEAR 2019 MEETINGS The Board of Supervisors ( Board ) of the Verandah West Community Development District ( District ) will hold Regular Meetings for Fiscal Year 2019, at 1:30 p.m., at the Verandah Sales Office, Verandah Blvd., Fort Myers, Florida 33905, on the following dates: October 10, 2018 January 9, 2019 May 8, 2019 August 14, 2019 The purpose of the meetings is for the Board to consider any business which may properly come before it. The meetings are open to the public and will be conducted in accordance with the provision of Florida law. The meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from Wrathell, Hunt & Associates, LLC, 2300 Glades Road, Suite 410W, Boca Raton, Florida or by calling (561) There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or (TTY) / (Voice), for aid in contacting the District Office. A person who decides to appeal any decision made at the meeting with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. District Manager Verandah West Community Development District