PASEO COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 PASEO COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 9530 MARKETPLACE ROAD SUITE 206 FT. MYERS, FLORIDA PASEO COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING NOVEMBER 20, 2013

2 PASEO COMMUNITY DEVELOPMENT DISTRICT AGENDA November 20, 2013 at 11:00 a.m. Located at the Paseo Village Center Theatre, Paseo Grande Boulevard, Fort Myers, FL District Board of Supervisors Chad Kocses Chairman Keith Gelder Vice Chairman Revonda Stewart Assistant Secretary Frank Dengler Assistant Secretary Lawrence Bagozzi Assistant Secretary District Manager Molly Syvret Rizzetta & Company, Inc. District Counsel Jan Albanese Carpenter Latham, Shuker, Eden & Beaudine, LLP District Engineer Carl Barraco Barraco & Associates, Inc. All Cellular phones and pagers must be turned off while in the meeting room. The District Agenda is comprised of four different sections: The meeting will begin promptly at 11:00 a.m. with the first section which is called Audience Comments. The Audience Comment portion of the agenda is where individuals may comment on matters for which the Board may be taking action or that may otherwise 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 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. 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. The third 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. Agendas can be reviewed by contacting the Manager s office at (239) 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 fourth 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 final section is called Supervisor Requests and Comments. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs. 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 (239) , 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.

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5 PASEO COMMUNITY DEVELOPMENT DISTRICT September 25, 2013 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. PASEO COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Paseo Community Development District was held on Wednesday, September 25, 2013 at 11:03 a.m. at the Paseo Village Center, located at 1611 Paseo Grande Boulevard, Fort Myers, Florida Present and constituting a quorum: Chad Kocses Keith Gelder Frank Dengler Lawrence Bagozzi Board Supervisor, Chairman Board Supervisor, Vice Chairman Board Supervisor, Assistant Secretary Board Supervisor, Assistant Secretary Also present were: Molly Syvret Colt Little Audience District Manager; Rizzetta & Company, Inc. District Counsel; Latham, Shuker, Eden & Beaudine, LLP (Via Speaker Phone) FIRST ORDER OF BUSINESS Call to Order Ms. Syvret called the meeting to order and read roll call. SECOND ORDER OF BUSINESS Consideration of the Minutes of the Audit Committee Meeting held on August 28, 2013 Ms. Syvret presented the Minutes of the Audit Committee meeting held on August 28, She asked if there were any questions related to the Minutes. There were none. On a Motion by Mr. Bagozzi, seconded by Mr. Kocses, with all in favor, the Board accepted the Minutes of the Audit Committee Meeting held on August 28, 2013, for the Paseo Community Development District. THIRD ORDER OF BUSINESS Consideration of the Minutes of the Board of Supervisors Meeting held on August 28, 2013

6 PASEO COMMUNITY DEVELOPMENT DISTRICT September 25, 2013 Minutes of Meeting Page 2 Ms. Syvret presented the Minutes of the Board of Supervisors meeting held on August 28, She asked if there were any revisions to the Minutes. There were none. On a Motion by Mr. Kocses, seconded by Mr. Bagozzi, with all in favor, the Board approved the Minutes of the Board of Supervisors Meeting held on August 28, 2013, for the Paseo Community Development District. FOURTH ORDER OF BUSINESS Consideration of the Operation and Maintenance Expenditures for the Month of August 2013 Ms. Syvret presented the Operation and Maintenance Expenditures for the period of August 1-31, 2013 totaling $99, Questions were entertained regarding various items of expenditure. On a Motion by Mr. Gelder, seconded by Mr. Dengler, with all in favor, the Board approved the Operation and Maintenance Expenditures for the period of August 1-31, 2013 which totaled $99,219.87, for the Paseo Community Development District. FIFTH ORDER OF BUSINESS Review of Scope of Services and Bid Documents for Landscape and Irrigation Maintenance Ms. Syvret advised the draft copy of the scope of services and bid documents related to the landscape and irrigation maintenance were distributed via prior to the meeting today and that she had additional copies available as well. Discussion ensued. Ms. Syvret suggested adding a requirement in Part 3 of the bid forms relating to pest control to have bidders also provide pricing for spiraling white fly inoculations, in addition to the OTC injections. The Board agreed. On a Motion by Mr. Kocses, seconded by Mr. Bagozzi, with all in favor, the Board authorized District staff to terminate the existing landscape and irrigation maintenance contract with Stahlman Landscape, and further authorized an interim contract with Stahlman to begin November 1, 2013 for the Paseo Community Development District. On a Motion by Mr. Gelder, seconded by Mr. Kocses, with all in favor, the Board approved the Project Manual and Authorized District Staff to Proceed with the RFP process for Landscape and Irrigation Maintenance, for the Paseo Community Development District. SIXTH ORDER OF BUSINESS Staff Reports A. District Counsel Mr. Little provided an update related to the District s petition for special powers, advising the matter is set for hearing before Fort Myers City

7 Counsel on October 7, B. District Engineer No report. PASEO COMMUNITY DEVELOPMENT DISTRICT September 25, 2013 Minutes of Meeting Page 3 C. District Manager Ms. Syvret advised the next regular meeting of the Board of Supervisors is scheduled for October 23, 2013 at 11:00 am. Ms. Syvret advised that it had been brought to her attention that the dumpster area is covered in trash and junk. Ms. Syvret advised that she would make arrangements to have the large piles of junk hauled away, noting that if the City would not take it, the District will end up having to pay someone. Aside from trying to get the word out and remind residents in the community that the dumpster area is intended for disposal of standard bagged garbage and recycling, and not for discarding mattresses, furniture and other unwanted junk, Ms. Syvret advised she is not sure how to keep people from abusing the area, as it is not feasible to put a roof over the enclosure to completely close it in or lock it, otherwise the waste management service will not be able to empty the dumpster and recycle bin. Discussion ensued. Discussion ensued related to hog damage. It was determined that District Management would proceed with engaging a trapper. Ms. Syvret provided updates concerning various maintenance issues. SEVENTH ORDER OF BUSINESS Supervisor Requests and Audience Comments Ms. Syvret opened the floor to audience comments. Questions and comments from the audience were entertained. Ms. Syvret opened the floor to supervisor requests and comments. There were none. EIGHTH ORDER OF BUSINESS Adjournment On a Motion by Mr. Kocses, seconded by Mr. Dengler, with all in favor, the Board adjourned the meeting at 12:07 pm, for the Paseo Community Development District. Secretary/Assistant Secretary Chairman/Vice Chairman

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79 PASEO COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE 9530 MARKETPLACE ROAD SUITE 206 FT. MYERS, FLORIDA Operation and Maintenance Expenditures October 2013 For Board Approval Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2013 through October 31, This does not include expenditures previously approved by the Board. The total items being presented: $67, Approval of Expenditures: Chairman Vice Chairman Assistant Secretary

80 Paseo Community Development District Paid Operation & Maintenance Expenses October 1, 2013 Through October 31, Cash-Operating Account Vendor Name Check Number Invoice Number Invoice Description Invoice Amount A Valet Waste Service LLC Waste Removal from Gazebos 09/13 $ Aquatic Systems, Inc Fountain Maintanance 10/13 $ Barraco and Associates, Inc Engineering Services 09/13 $ Bay Electric of Collier County Inc Troubleshoot Fountain Pump Starter $ Bellmore Electric, Inc Streetlight Repairs $ Bellmore Electric, Inc Landscape Light Repairs $ Bellmore Electric, Inc Landscape Light Repairs $ Bellmore Electric, Inc Streetlight Repairs $ 1, Bellmore Electric, Inc Streetlight Repairs $ Bellmore Electric, Inc Streetlight Repairs $ Bellmore Electric, Inc Landscape Light Repairs $ Breeze Newspapers Acct L40940 Legal Advertising 10/13 $ CenturyLink /13 Telephone Service 10/13 $ City of Fort Myers /13 Compactor Paseo Grande Blvd 09/13 $ 1, Cypress Access Systems, Inc Preventive Maintenance 09/13 $ Cypress Access Systems, Inc Service Call for Gate $ Florida Department of Revenue FDOR Sales Tax 09/13 $ Florida Power & Light Company /13 Florida Power & Light Company Electric Summary 09/13 Johnson Engineering, Inc Inv 2 Johnson Engineering, Inc Inv Penzance Blvd #FNTN 09/13 $ FPL Electric Summary 09/13 $ 8, SWFMD Compliance Engineering Services 08/13 SWFMD Compliance Engineering Services 09/13 $ $ 2, ,382.80

81 Paseo Community Development District Paid Operation & Maintenance Expenses October 1, 2013 Through October 31, Cash-Operating Account Vendor Name Check Number Invoice Number Invoice Description Invoice Amount Johnson Engineering, Inc Inv 1 Lake Master Aquatic Weed Control, Inc. Latham, Shuker, Eden & Beaudine, LLP Flow Meter Verifications $ Lake Maintenance 09/13 $ 2, Legal Services 09/13 $ 3, Reis Property Maintenance Inc Repair Trash Enclosure Door $ Rizzetta & Company, Inc /13 $ 6, Securitas Security Services USA, Inc E Security Services 09/13 $ 12, Stahlman Landscape Company Landscape Maintenance- Esperanza 10/13 $ 1, Stahlman Landscape Company Lawn Maintenance 10/13 $ 14, Stahlman Landscape Company Irrigation Maintenance 09/13 $ Stahlman Landscape Company Irrigation Maintenance 10/13 $ Turrell, Hall, & Associates, Inc Fifth Annual Site Inspection w/ SFWMD $ Vertex Water Features Fountain Repair $ Vertex Water Features Fountain Repair $ Vertex Water Features Fountain Repair $ Report Total $ 67,353.86

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158 RESOLUTION A RESOLUTION OF THE BOARD OF SUPERVISORS OF PASEO COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE PUBLIC S OPPORTUNITY TO BE HEARD; DESIGNATING PUBLIC COMMENT PERIODS; DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD; ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Paseo Community Development District (the District ) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in the City of Ft. Myers, Florida; and WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be necessary for the conduct of District business; and WHEREAS, Section , Florida Statutes, requires that members of the public be given a reasonable opportunity to be heard on a proposition before a board or commission; and WHEREAS, Section , Florida Statutes, sets forth guidelines for rules and policies that govern the public s opportunity to be heard at a public meeting; and WHEREAS, the District s Board of Supervisors (the Board ) finds that it is in the best interests of the District to adopt by resolution a policy on public comment (the Public Comment Policy ) for immediate use and application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PASEO COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. DESIGNATING PUBLIC COMMENT PERIODS. The District s Chairperson, his or her designee, or such other person conducting a District meeting ( Presiding Officer ), shall ensure that there are at least two periods of time (each a Public Comment Period ) in the District s meeting agenda whereby the public has an opportunity to be heard on propositions before the Board, as well as any other general matters relating to District business, as follows: a) An initial Public Comment Period shall be provided at the start of each Board meeting prior to consideration of any propositions by the Board, and shall be limited to items which appear on the agenda or are otherwise scheduled to be considered by the Board during such meeting (the Initial Comment Period ). In the event that, during the course of the meeting, there are propositions that come before the Board that are not listed on the agenda, the Presiding Officer shall

159 announce an additional Public Comment Period on such proposition prior to the Board voting on the matter. b) During the Initial Comment Period, speakers shall be permitted to address any agenda item (but not non-agenda matters, which may be addressed as indicated herein) of personal or general concern. c) Prior to the close of the meeting, an additional Public Comment Period shall be held in order to allow speakers to address any non-agenda item of personal or general concern (the General Comment Period ). d) Individuals wishing to make a public comment, whether during the Initial Comment Period, the General Comment Period, or any other Public Comment Period, are limited to three (3) minutes per person. Potential speakers may not assign his/her three (3) minutes to extend another speaker s time. e) The Presiding Officer may extend or reduce the time periods set forth herein in order to facilitate orderly and efficient District business, provided however that a reasonable opportunity for public comment shall be provided consistent with the requirements of Section , Florida Statutes. The Presiding Officer may also elect to set and announce additional Public Comment Periods if he or she deems it appropriate. SECTION 2. DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD. Unless otherwise directed and declared by the Presiding Officer, individuals seeking to be heard before the Board during any Public Comment Period shall identify themselves by a show of hands at the beginning of each Public Comment Period, as announced by the Presiding Officer. Alternatively, in the event that public attendance is high, and/or if otherwise in the best interests of the District in order to facilitate efficient and orderly District business, the Presiding Officer may require individuals to complete speaker cards that include the individual s name, address, the proposition on which they wish to be heard, the individual s position, if any, on the proposition (i.e., for, against, or undecided ), and if appropriate, to indicate the designation of a representative to speak for the individual or the individual s group. In the event large groups of individuals desire to speak, the Presiding Officer may require each group to designate a representative to speak on behalf of such group. Sections 1 and 2 herein shall be deemed to apply only to District Board meetings, but the Presiding Officer of a District workshop in his or her discretion may elect to apply such Sections to District workshops. SECTION 3. PUBLIC DECORUM. The following policies shall govern public decorum at public meetings and workshops: a) Each person addressing the Board shall proceed to the place assigned for speaking, if any, and should state his or her name and address in an audible tone of voice for the public record.

160 b) All remarks shall be relevant to the matter at hand, and shall be addressed to the Board as a body and not to any member thereof or to any staff member. The Presiding Officer shall rule as to the relevancy of any remarks, as appropriate. No person other than a Board Supervisor or District staff member shall be permitted to enter into any discussion with an individual speaker while he or she has the floor, without the permission of the Presiding Officer. c) Nothing herein shall be construed to prohibit the Presiding Officer from maintaining orderly conduct and proper decorum in a public meeting. Speakers shall refrain from disruptive behavior, and from making profane, vulgar, intimidating, or threatening remarks. Speakers shall refrain from launching personal attacks against any Board Supervisor, District staff member, or member of the public. If any speaker, after a verbal warning from the Presiding Officer against such behavior, continues to disregard these policies, the Presiding Officer shall have the discretion to expel such speaker from the meeting in accordance with the process set forth herein. Persons in the audience shall also refrain from behavior which may disrupt the meeting. This will include loud noises, verbal outbursts, clapping, shouting, heckling, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of meeting. d) In the case that any person, whether a speaker or audience member, is declared out of order by the Presiding Officer and ordered expelled, and does not immediately leave the meeting facilities, the following steps may be taken: i. The Presiding Officer may declare a recess. ii. The Presiding Officer may contact the local law enforcement authority. iii. In case the person still refuses to remove himself or herself from the meeting, the Presiding Officer may request that he or she be placed under arrest by local law enforcement authorities for violation of Section , Florida Statutes, or other applicable law. SECTION 4. EXCEPTIONS. The Board recognizes and may apply all applicable exceptions to Section , including those set forth in Section (3) and other applicable law. Additionally, the Presiding Officer may alter the procedures set forth in this Public Comment Policy for public hearings and other special proceedings that may require a different procedure under Florida law. SECTION 5. SEVERABILITY. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 6. EFFECTIVE DATE; PRIOR POLICY SUPERSEDED. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded

161 or repealed. Furthermore, upon its passage this Resolution shall supersede any Public Comment Policy previously adopted by the District. PASSED AND ADOPTED this 20 th day of November ATTEST: PASEO COMMUNITY DEVELOPMENT DISTRICT X Print: Molly A. Syvret Assistant Secretary By: Print: Chairman/Vice-Chairman Board of Supervisors