SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT HILLSBOROUGH COUNTY REGULAR BOARD MEETING & PUBLIC HEARING FEBRUARY 8, 2019 1:00 P.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL 33410 www.sbaycdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile
AGENDA SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT 1536 Bahia Beach Boulevard, Building B First Floor 11Ruskin, FL 33570 REGULAR BOARD MEETING & PUBLIC HEARING February 8, 2019 1:00 P.M. A. Call to Order B. Proof of Publication Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Approval of Minutes 1. January 11, 2019 Regular Board Meeting...Page 2 F. Reports 1. Manager s Report a. Financial Report... Page 7 2. Legal Report a. Update on Little Harbor/AC T-Dock Compliant b. Letter to LH Dev for Deteriorating Shower Deck c. Advise on Ability of Gate House Guard to Stop Persons Entering LH 3. Chairman s Report a. Report on Status of AC Seawall repairs b. Report on Meeting with POA/HOA Officers c. Miscellaneous 4. POA Report a. Discussion on Parking Lot Deck Proposals b. Discussion on Sidewalk Demolition Quotes c. Update on Enforcement of No Alcohol and Coolers on Beach d. Further Discussion on Restaurant Tables/Chairs on Beach 5. Bond Holder s Report 6. Landowner s Report a. Update on Ladder Sign G. Public Hearing 1. Proof of Publication...Page 12 2. Receive Public Comments on Overnight Parking Rules and Parking Enforcement 3. Consider Resolution No. 2019-01 Adopting Parking and Towing Rules...Page 13 H. Old Business I. New Business 1. Consider Approval of Proposal from SDS for O&M Assessment Methodology...Page 18 2. Discussion Regarding Policy to Repair Road Damage and Reimbursement of Such 3. Discussion Regarding Sale of TH I Parking Lot and 6 spaces to TH I Association J. Administrative Matters K. Comments by the Public for Matters not on the Agenda L. Board Members Comments M. Adjourn
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SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JANUARY 11, 2019 A. CALL TO ORDER The January 11, 2019, Regular Board Meeting of the South Bay Community Development District was called to order at 1:00 p.m. in the Conference Room of Harborside Suites located at 536 Bahia Beach Boulevard, Building B, First Floor, Ruskin, Florida 33570. B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in The Tampa Tribune on September 28, 2018, as part of the District s Fiscal Year 2018/2019 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM It was determined that the following Supervisors constituted a quorum and was in order for the meeting to commence: Chairman W. Thomas Grimm Present Vice Chairman Brett Vogeler Present Supervisor Kelly Evans Absent Supervisor Leah Popelka Absent Supervisor Robert McCarthy Present The following staff were in attendance: District Manager Kathleen Dailey Special District Services, Inc. General Counsel Tom Cloud Gray-Robinson Also present were the following: Gary Queen of Hooks Bar & Grill; Nancy Bryant of Harborside Suites; Michael Brooks, Lennar Attorney; Zina Lucas, POA/CAM; Glenn Patton, POA President; James Leckie, Marina Manager; Benjamin Tran, Little Harbor Development; Robert Newhart, Sunset Grill; and the following District residents: Kent Wanninger, Cindy Davidson, Ian Brown, Tom & Mary Gurry, Mike Gurry, Gary Parano and Steven Chin. D. ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. E. APPROVAL OF MINUTES 1. November 9, 2018, Regular Board Meeting Page 1 of 5 Page 2
The November 9, 2018, Regular Board Meeting minutes were presented for approval. A motion was then made by Mr. Vogeler, seconded by Mr. McCarthy and carried unanimously approving the minutes of the November 9, 2018, Regular Board Meeting, as amended. F. REPORTS 1. Manager s Report Ms. Dailey went over the financial report. There was general discussion on the two sets of bond debt and true-up payments. 2. Legal Report a. Update on Little Harbor/AC T-Dock Complaint Mr. Cloud advised that the District was granted intervenor status and the issue was still awaiting a resolution. b. Update on Parking Restrictions Resolution and Public Hearing Mr. Cloud advised that the proper legal advertisements had been done and that the public hearing would take place on February 8, 2019. He noted that there was a lack of comments on the rules, which is part of rulemaking. Mr. Patton indicated that he had distributed the proposed resolution at an HOA meeting and it would be discussed at a January 23, 2019, meeting. c. Update on Assessment Methodology Mr. Cloud noted that the Board had determined that it wanted to look at O&M assessments before the budget process. Ms. Dailey indicated that there were some issues that needed to be addressed before a proposal could be developed from SDS. Mr. Cloud requested that another conference call with SDS be scheduled for next week in order to address issues to accelerate a proposal. d. Discussion on Enforcement of No Alcohol or Coolers on Beach Mr. Cloud advised that there was a County Ordinance, but if enforcement is a problem, then signs should be posted and County Enforcement should be called out. Mr. Patton stated that the POA would look into the issue. e. Discussion on New Bass AC Environmental Letter Mr. Cloud advised that DEP had issued a letter regarding a leak from an old gas tank and that the issue was ongoing. f. Discussion on Board Rules of Procedure Mr. Cloud distributed the rules, which were prepared by Rosetta years ago. He stated that they were for the Board s information only, as they reflect the state statutes and fill-in the blanks on processes. 3. Chairman s Report a. Discussion on CDD Financing of Amenities Page 2 of 5 Page 3
Mr. Grimm stated there had been some discussions on the topic, but he does not believe this is something the District wants to do. Mr. Cloud did not recommend taking on additional debt, adding that debt longer than five years has to be validated by the Circuit Court and no one would want to loan that kind of money. Mr. Grimm pointed out that any amenities would be public, if CDD funds were used. Mr. Vogeler advised that he was not in favor of the CDD owning amenities. b. Authorization for Chairman to Meet with POA/HOA/Public for Q&A Mr. Grimm advised that he would attend the meeting previously discussed, which will be held on January 23, 2019. 4. POA Report a. Status of Parking Lot Deck Ms. Lucas handed out a proposal from Brian Lambert. Mr. Grimm noted that he wanted to look at the area before a vote was taken. He asked that Ms. Lucas also obtain a proposal for a gate in the area where the fencing had been removed. Mr. McCarthy opined that he would like to see the POA split the cost on some of these smaller projects. It was the consensus of the Board to defer this item until the next meeting. b. Update on Gating of Gate House Mr. Patton indicated that they were still reviewing the issue and the costs. Mr. McCarthy suggested they look into auto tag recording. c. Discussion on South Parking Lot Blockers Ms. Lucas advised that the project had been completed. d. Discussion on Fence/Sand Issues This item was discussed previously. e. Status of CDD/POA Agreements and Renewals Ms. Lucas reported there is an annual checklist and nothing is new. f. Discussion on Paying for Water Used on CDD Area Next to Road and Electrical Billing on Bahia Beach Boulevard Kent Wanninger indicated that they had been billed for water used in areas owned by the CDD and requested assistance of payment. Mr. McCarthy stated that the water issue was community wide so we should work together for a solution. Mr. Wanninger added that the issue has gone on for years. Mr. Cloud noted that it is assumed in the maintenance agreements year by year. Mr. McCarthy suggested bringing back the matter when the Board discussed wells. g. Discussion on Electrical Billing Bahia Beach Boulevard Mr. Wanninger noted that there had also been an error is the billing process whereby the HOA had been paying the electric for streetlights in front of the townhomes. He added that he was working with Ms. Page 3 of 5 Page 4
Lucas to get the bills paid by the appropriate entity. Mr. Wanninger stated they should be paid by the POA, not the HOA, but it is difficult to get the address changed with the utility. Mr. Grimm stated that all these billing issues needed to be cleaned up and the dumpster use may be an offset to the cost. A motion was made by Mr. McCarthy, seconded by Mr. Vogeler and passed unanimously directing that all future bills go the POA for payment with verification from Zina Lucas and Mark Larzato. There was also a consensus of the Board that past bills be reviewed. h. Discussion on Sidewalk Demolition Quotes Ms. Lucas handed out the quotes for demolishing the sidewalks by the gate near the marina. Mr. Grimm stated that this seemed like a temporary solution, as once the sidewalk was removed, fill would be needed. Ms. Lucas agreed that backfill would be needed and that this was a Band Aid. Mr. Grimm stated he wanted to study the area before any action is taken. i. Discussion on Permission to Place Beach Tables on the Beach Mr. Patton proposed allowing the restaurant to place 12 tables on the beach. Mr. Cloud stated it was a public beach and a permit would be required in order to sell alcohol. Mr. Grimm suggested that the CDD lease an area to allow serving alcohol, but that insurance and a liquor license would be needed in order for the restaurant to formally do so. He recommended this item be deferred until more information is available. 5. Bondholder s Report There was no Bondholder s Report at this time. 6. Landowners Report Ms. Dailey indicated that Kelly Evans had requested approval on the ladder sign design, which was on the agenda. There was general discussion that the sign was not in line with the guidelines and style throughout the community. There was a consensus of the Board to not approve this item at today s meeting. G. OLD BUSINESS 1. Update on Repairs of Depression at AC Marina South Sea Wall This item was previously discussed. 2. Status of Well Irrigation Line and Documentation Ms. Dailey indicated that this had been completed and documentation was distributed at the last meeting. H. NEW BUSINESS 1. Approval of Proposal from SDS for O&M Assessment Methodology This item was previously discussed and would be revisited at the next meeting. Page 4 of 5 Page 5
2. Discussion on Road Repairs in Fiscal Year Mr. Grimm asked that the POA give the District Board a list of their needs. Ms. Lucas added that there were issues with current stop signs, which will be reviewed by herself and Mr. Grimm. J. ADMINISTRATIVE MATTERS Ms. Dailey reminded the Board that the next meeting was scheduled for February 8, 2019, and would also include a Public Hearing on the Rules of Procedure. K. COMMENTS FROM THE PUBLIC FOR MATTERS NOT ON THE AGENDA Mr. Leckie asked about pilings in the marina roadway, which prevent driving in the area. Mr. Grimm stated he would look into the issue. L. BOARD MEMBER COMMENTS There were no comments from the Board Members. M. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Vogeler, seconded by Mr. McCarthy and unanimously passed to adjourn the Regular Board Meeting at 3:23 p.m. Secretary/Assistant Secretary Chair/Vice-Chair Page 5 of 5 Page 6
South Bay Community Development District Financial Report For December 2018 Page 7
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RESOLUTION 2019-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DISTRICT ADOPTING SECTION 8.0 OF THE RULES RELATING TO OVERNIGHT PARKING AND PARKING ENFORCEMENT. WHEREAS, the South Bay Community Development District ( District ) is a local unit of special-purpose government created and existing pursuant to Ordinance No. 04-17, as amended, being situated entirely within Hillsborough County, Florida; and, WHEREAS, the Board of Supervisors of the District ( Board ) is authorized by the Act to adopt rules, orders, rates, fees and charges pursuant to Chapter 120, Florida Statutes; and, WHEREAS, the Board previously adopted Rules of Procedure for the South Bay Community Development District that further outline the process for rulemaking proceedings; and, WHEREAS, pursuant to Section 2.0 of the Rules of Procedure, the Board of Supervisors authorized and advertised a public hearing to consider the adoption of rules relating to overnight parking and parking enforcement; and, WHEREAS, the Board of Supervisors has held the public hearing on February 8, 2019, received public comment, and after due consideration, has decided to adopt the proposed rules as modified in Exhibit A attached to and incorporated in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT: Section 1. The Board hereby adopts a new Section 8.0 in its Rules of Procedures to be entitled Rules Relating to Overnight Parking and Parking Enforcement (hereafter Parking Policy ), a copy of which is attached hereto as Exhibit A. Section 2. The District Secretary is directed to incorporate and codify these rules into the Rules of Procedure. Section 3. This Resolution shall become effective immediately upon its adoption. 1 Page 13
2019. PASSED, ADOPTED, and effective THIS DAY OF, ATTEST: SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson, Board of Supervisors APPROVED AS TO FORM & LEGALITY: By: District Counsel EXHIBIT A: Rules Relating to Overnight Parking and Parking Enforcement 2 Page 14
EXHIBIT A 8.0 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT RULE RELATING TO OVERNIGHT PARKING AND PARKING ENFORCEMENT In accordance with Chapter 190, Florida Statutes, and on February 8, 2019 at a duly noticed public meeting, the Board of Supervisors of the South Bay Community District (the District ) adopted the following policy to govern overnight parking and parking enforcement on certain District property. (1) INTRODUCTION. The District finds that parked Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles (hereinafter defined) on certain of its property Overnight (hereinafter defined) cause hazards and danger to the health, safety and welfare of District residents and the public. This policy is intended to provide the District with the ability to remove such Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles from District designated Tow-Away Zones consistent with this Policy and as indicated on Exhibit A attached hereto. This Policy authorizes parking in any areas outside of the Tow-Away Zone depicted on Exhibit A. (2) DEFINITIONS. (a) Commercial Vehicle. Any mobile item which normally uses wheels, whether motorized or not, that (i) is titled, registered or leased to a company and not an individual person, or (ii) is used for business purposes even if titled, registered or leased to an individual person. (b) Vehicle. Any mobile item which normally uses wheels, whether motorized or not. (c) Vessel. Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water. (d) Recreational Vehicle. A vehicle designed for recreational use, which includes motor homes, campers and trailers relative to same. (e) user. Parked. A Vehicle, Vessel or Recreational Vehicle left unattended by its owner or (f) Tow-Away Zone. District property in which parking is prohibited and in which the District is authorized to initiate a towing and/or removal action. (g) Overnight. Between the hours of 12:00 p.m. and 5:00 a.m. daily. (3) DESIGNATED PARKING AREAS. Those areas within the District s boundaries depicted in Exhibit A, which is incorporated herein by reference, are hereby established as Tow-Away Zones during Overnight hours for all Commercial Vehicles, Vessels, Recreational Vehicles and Vehicles ( Tow Away Zone ). Commercial Vehicles, 3 Page 15
Vessels, Recreational Vehicles and Vehicles may be parked during Overnight hours only in those parking areas specifically depicted on Exhibit A that are located outside of the Tow Away Zone. (4) ESTABLISHMENT OF TOW-AWAY ZONES. The areas depicted in Exhibit A attached hereto are declared a Tow Away Zone. (5) PROHIBITIONS. The District hereby prohibits (1) parking of any vehicles or vessels on District roads, rights-of-way, or property except in designated parking spaces or areas, and (2) the use of District roads, rights-of-way, or property including designated parking spaces or areas to display any vehicle or vessel for sale. (6) TOWING/REMOVAL PROCEDURES. (a) SIGNAGE AND LANGUAGE REQUIREMENTS. Notice of the Tow-Away Zones shall be approved by the District s Board of Supervisors and shall be posted on District property in the manner set forth in section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with section 715.07, Florida Statutes. (b) TOWING/REMOVAL AUTHORITY. To effect towing/removal of a Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee must verify that the subject Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle was not authorized to park under this rule. Upon such verification, the District Manager or his/her designee shall place a written warning on the windshield of the Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle. Such written warning shall include the time of issuance of the warning. If the Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle remains parked in the Tow Away Zone for 24 hours following the issuance of a written warning, the District Manager or his/her designee then must contact a firm authorized by Florida law to tow/remove Commercial Vehicle, Vehicles, Vessels and Recreational Vehicles for the removal of such unauthorized vehicle at the owner s expense. The Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes. (c) AGREEMENT WITH AUTHORIZED TOWING SERVICE. The District s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles in accordance with Florida law and with the policies set forth herein. (7) PARKING AT YOUR OWN RISK. Commercial Vehicles, Vehicles, Vessels or Recreational Vehicles may be parked on District property pursuant to this rule, provided however that the District assumes no liability for any theft, vandalism and/ or damage that might occur to personal property and/or to such vehicles. EXHIBIT 1 Tow Away Zone Effective date:, 2019 4 Page 16
EXHIBIT 1f TOW AWAY ZONE 5 Page 17
January 31, 2019 TO: Board of Supervisors South Bay Community Development District PROPOSAL Since 2015, the South Bay community has matured, ownerships and land usages have changed, and the question now is whether the commercial facilities within South Bay are being assessed their fair share of annual CDD operation and maintenance costs. SECTION I - SCOPE OF SERVICES (a) Review the March 25, 2015 Final Amended and Restated Special Assessment Methodology Report as it relates to the operation and maintenance costs only. (b) Verification of the existing 1,499 assessable units. (c) Evaluate the existing commercial uses to determine if the assessments are being levied in a fair and equitable manner. (d) Review and opine whether the current EAU/ERU method of assessment is a fair indicator of the benefits received. (e) Verify that all uses and properties are being fair and equitably assessed. (f) If, as a result of this analysis, it is determined that an alternative methodology is appropriate, SDS will prepare a revised assessment methodology report to be presented to the Board of Supervisors for consideration. SECTION II COMPENSATION Compensation for the services outlined in Section I shall be $10,000 payable upon submittal of the Final Report. In addition, SDS shall be reimbursed for out-of-pocket expenses incurred in the performance of the services defined herein (i.e. photocopies, postage, long distance telephone calls, mileage, etc.). Page 18
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