BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT MIAMI-DADE COUNTY - regular board meeting march 9, 2020 6 ...
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BLUEWATERS
COMMUNITY DEVELOPMENT
DISTRICT
MIAMI-DADE COUNTY
REGULAR BOARD MEETING
MARCH 9, 2020
6:15 P.M.
Special District Services, Inc.
6625 Miami Lakes Drive, Suite 374
Miami Lakes, FL 33014
www.bluewaterscdd.org
305.777.0761 Telephone
877.SDS.4922 Toll Free
561.630.4923 FacsimileAGENDA
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT
Somerset Academy Silver Palms-Cafeteria Room
23255 S.W. 115th Avenue
Miami, Florida 33032
REGULAR BOARD MEETING
March 9, 2019
6:15 p.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. February 10, 2020 Regular Board Meeting and Public Hearing ……………...……………….Page 2
G. Old Business
1. Update Regarding Janitorial Services
2. Discussion Regarding Parking Enforcement Agreement………………………………………Page 6
3. Staff Report as Required
H. New Business
1. Consider Resolution No. 2020-02 – Adopting Fiscal Year 2019/2020 Proposed Budget..........Page 13
I. Administrative & Operational Matters
1. Discussion Regarding General Election Qualifying Period for Seat #3 & #4
J. Board Member & Staff Closing Comments
K. AdjournPage 1
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT
REGULAR BOARD MEETING & PUBLIC HEARING
FEBRUARY 10, 2020
A. CALL TO ORDER
District Manager Armando Silva called the February 10, 2020, Regular Board Meeting of the Bluewaters
Community Development District to order at 6:16 p.m. in the Cafeteria Room of Somerset Academy
Silver Palms located at 23255 SW 115th Avenue, Miami, Florida 33032.
B. PROOF OF PUBLICATION
Mr. Silva presented proof of publication that notice of the Regular Board Meeting had been published
in the Miami Daily Business Review on October 4, 2019, as part of the District’s Fiscal Year 2019/2020
Regular Meeting Schedule, as legally required.
C. ESTABLISH A QUORUM
Mr. Silva determined that the attendance of Chairperson Warren Matthews and Supervisors Lorna
Burnett and Joey Perez constituted a quorum and it was in order to proceed with the meeting.
Staff in attendance included: District Manager Armando Silva of Special District Services, Inc.; and
District Counsel Vanessa Steinerts of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
Also in attendance was Michele Ronquillo of First Service Residential (via speakerphone).
D. CONSIDER RESIGNATION OF JASSON APOLINARIO – EFFECTIVE AUGUST 1,
2019
Mr. Silva presented the resignation of Jasson Apolinario and stated that it would be in order to consider
the resignation with an effective date of August 1, 2019. A discussion ensued after which;
A motion was made by Ms. Burnett, seconded by Mr. Matthews and unanimously passed to accept the
resignation of Jasson Apolinario with an effective date of August 1, 2019.
E. ELECTION OF OFFICERS
Mr. Silva stated that as result of the recent changes to the Board of Supervisors of the District, it would
now be in order to re-elect officers. The following names were provided for election:
Chairperson – Warren Matthews
Vice Chairperson – Steve Lewis
Secretary/Treasurer – Armando Silva
Assistant Secretaries – Lorna Burnett, Joey Perez, and Nancy Nguyen and Armando Silva
A discussion ensued after which:
A motion was made by Mr. Perez, seconded by Mr. Matthews and unanimously passed to elect the
officers of the Bluewaters Community Development District Board of Supervisors, as listed above.
Page 2F. ADDITIONS OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
G. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the public for items not on the agenda.
H. APPROVAL OF MINUTES
1. December 9, 2019, Regular Board Meeting
Mr. Silva presented the minutes of the December 9, 2019, Regular Board Meeting and asked if there
were any corrections and/or revisions. There being no changes, a motion was made by Mr. Perez,
seconded by Mr. Matthews and passed unanimously approving the minutes of the December 9, 2019,
Regular Board Meeting, as presented.
Note: At approximately 6:22 p.m., Mr. Silva recessed the Regular Board Meeting and simultaneously
opened the Public Hearing.
I. PUBLIC HEARING – ADOPTION OF AMENDED PARKING RULES
1. Proof of Publication
Mr. Silva presented proof of publication that notice of the Public Hearing had been published in the
Miami Daily Business Review on January 8, 2020 and January 9, 2020, as legally required.
2. Receive Public Comment on Rulemaking Procedures for District Amended Parking
Rules
Mr. Silva provided those in attendance with a copy of the proposed parking rules and gave a brief
overview for rule development and the proposed adoption of amended parking rules for the District.
Subsequently, he asked if there were any comments regarding the proposed amendment to the parking
rules. There being no comments from the public on the District’s Amended Parking Rules, Mr. Silva
closed the public comment portion of the Public Hearing.
3. Consider Resolution No. 2020-01 Amended Parking Rules
Mr. Silva presented Resolution No. 2020-01, entitled:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT,
AMENDING THE RULES FOR PARKING ON DISTRICT
PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Silva provided an explanation for the document and stated that the latest version of the District’s
Amended Parking Rules had been reviewed and approved by District Counsel. A discussion ensued
after which;
A motion was made by Mr. Perez, seconded by Mr. Matthews and unanimously passed to adopt the
Amended Parking Rules, as presented.
Page 3Note: At approximately 7:16 p.m., Mr. Silva closed the Public Hearing and simultaneously reconvened
the Regular Board Meeting.
J. OLD BUSINESS
1. Update Regarding Janitorial Services
Mr. Silva stated that a couple of meetings ago the Board had approved a proposal from Compass of
Miami, Inc. to provide janitorial services for the District. Since then, District staff has attempted to get
in contact with Compass of Miami, Inc. multiple times, but has not been successful in doing so. As a
result, the District has requested proposals from a couple contractors for a scope of services which
includes cleanup services around the District right-of-ways three (3) days a week for six (6) hours per
day.
Trimscape: $28,080 per year
PSM Facilities Solutions: $34,320 per year
A discussion ensued after which the Board requested that District Staff amend the scope of services to
include two (2) services per week for a max of four (4) hours per day. Mr. Silva acknowledged the
request and stated that more information will be provided at the next meeting.
2. Staff Report as Required
There was no Staff Report at this time.
K. NEW BUSINESS
1. Fiscal Year 2020/2021 – Budget Workshop
Mr. Silva presented the Board members with the current fiscal year 2019/2020 final and asked the Board
members if there are any specific items that they would like to have added or changed in the budget.
There being no comments from the Board members, Mr. Silva stated that he would present the fiscal
year 2020/2021 budget during the next meeting.
2. Staff Report, as Required
There was no Staff Report at this time.
L. ADMINISTRATIVE & OPERATIONAL MATTERS
1. Staff Report, as Required
There was no Staff Report at this time.
M. BOARD MEMBER & STAFF CLOSING COMMENTS
Mr. Matthews requested that District Field Staff follow up on the following items:
Request landscape contractor to pick up casual debris as specified in the Landscape Maintenance
Agreement
Contact landscape contractor regarding two (2) trees that weren’t trimmed and are blocking FPL
light poles
Page 4 Request that coconut palm trimming scheduled in the Spring include palm frond trimming
Request that the landscape maintenance contractor remove signs from trees
Mr. Silva acknowledged Mr. Matthews requests and stated that he would inform the Field Operations
team of the abovementioned follow up requests.
Mr. Silva reminded the Board that the next District Board meeting will be held on March 9, 2020.
N. ADJOURNMENT
There being no further business to come before the Board, a motion was made by Mr. Matthews,
seconded by Mr. Perez and unanimously passed to adjourn the Regular Board Meeting at 7:10 p.m.
__________________________ ______________________________
Secretary/Assistant Secretary Chairperson/Vice Chairperson
Page 5AGREEMENT FOR ENFORCEMENT OF RULES
FOR PARKING ON DISTRICT PROPERTY
This Agreement is made and entered into this ____ day of ______________, 2020
(the “Effective Date”), by and between:
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special purpose government established pursuant to Chapter 190, Florida
Statutes, being situated in Miami-Dade County, Florida, with its business
address at Special District Services, Inc., 6625 Miami Lakes Drive, Suite
378, Miami Lakes, FL 33014 (the “District”); and
TOWNHOMES OF BLUEWATERS PROPERTY OWNER’S ASSOCIATION,
INC., a Florida not-for-profit corporation, whose principal and mailing
address is c/o First Service Residential, Inc., 5805 Blue Lagoon Drive
Suite # 310, Miami, FL 33126 (the “Association”).
RECITALS
WHEREAS, the District is a local unit of special-purpose government organized
and existing in accordance with the Uniform Community Development District Act of 1980,
Chapter 190, Florida Statutes, as amended; and
WHEREAS, the Association is a homeowners’ association organized and existing
pursuant to Chapter 720, Florida Statutes; and
WHEREAS, on August 4, 2014, following a duly advertised public hearing, the
District’s Board of Supervisors approved Rules for Parking on District Property, as
amended by Resolution No. 2019-05 on December 9, 2019 following a duly advertised
public hearing.
WHEREAS, the District, pursuant to the responsibilities and authorities vested in
it by Chapter 190, Florida Statutes, desires to enter into this Agreement with the
Association in order to authorize the Association to enforce the Rules for Parking on
District Property adopted by the District; and
WHEREAS, the parties have determined that this Agreement is in the best
interests of the parties and the residents of the District, in order to ensure an orderly and
coordinated enforcement of parking rules within the Century Gardens Village community.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
and for Ten and no/100 ($10.00) Dollars and other good and valuable consideration,
receipt of which is hereby acknowledged, and subject to the term and conditions hereof,
the District and the Association agree as follows:
1
Page 61.0 RECITALS. The foregoing recitals are deemed true and correct to the best
of the knowledge of the parties and are incorporated into this Agreement.
2.0 ENFORCEMENT OF RULES. The District hereby authorizes the
Association to enforce and apply the District Rules for Parking on District Property (the
“Rules”), which were approved and enacted by the District on August 4, 2018, as
amended by Resolution No. 2019-05 on December 9, 2019 following a duly advertised
public hearing, and which are attached hereto as Exhibit A, on all streets, roads,
designated parking spaces, and other real property owned or maintained by the District,
and as such Rules may be further amended by the District from time to time. The
Association agrees to comply with all laws and regulations as set forth in Chapter 30,
Article III, of the Miami-Dade Code of Ordinances and Chapter 715, Florida Statutes, as
they pertain to the Association’s enforcement of the District’s parking rules and
nonvoluntary towing services made at the Association’s direction.
3.0 INDEMNIFICATION.
3.1 The Association agrees to indemnify and hold harmless the District, its
elected and appointed officers, agents, servants and employees, from and against any
and all claims, demands, or causes of action of whatsoever kind or nature, and the
resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities, damages, orders,
judgments, or decrees sustained by the District, its elected officers, agents, servants, or
employees, arising out of, or by reason of, or relating to this Agreement or resulting from
the Association’s negligent acts, errors, or omissions, or willful or intentional acts.
3.2 To the extent permitted by law, the District agrees to indemnify and hold
harmless the Association, its elected and appointed officers, agents, servants and
employees, from and against any and all claims, demands, or causes of action of
whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable
attorneys’ fees, liabilities, damages, orders, judgments, or decrees sustained by the
Association, its elected officers, agents, servants, or employees, arising out of, or by
reason of, or relating to this Agreement or resulting from the District’s negligent acts,
errors, or omissions, or willful or intentional acts.
4.0 NO WAIVER OF IMMUNITIES. Nothing herein shall be construed as a
waiver by the District of the protections, immunities, and limitations of liability provided in
Section 768.28, Florida Statutes.
5.0 TERM OF AGREEMENT; TERMINATION.
5.1 This Agreement shall take effect as of the Effective Date first written above.
Unless terminated as otherwise permitted in this Agreement, the term of this Agreement
2
Page 7shall be for one (1) year and shall automatically renew for additional one (1)-year periods
on the anniversary date of the Effective Date of the Agreement.
5.2 Either party may terminate this Agreement for convenience (with or without
cause) at any time and at its discretion upon providing twenty-four (24) hours’ written
notice of its intent to terminate to the other party.
6.0 MISCELLANEOUS PROVISIONS.
6.1 NOTICES. All notices, requests, consents, and other communications
required or permitted under this Agreement shall be in writing (including facsimile) and
shall be (as elected by the person giving such notice) hand delivered by prepaid express
overnight courier or messenger service, telecommunicated, or mailed (airmail if
international) by registered or certified (postage prepaid), return receipt requested, to the
following addresses:
DISTRICT: Bluewaters Community Development District
6625 Miami Lakes Drive, Suite 378
Miami Lakes, Florida 33014
Attention: District Manager
With copy to: District Counsel
Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
SunTrust Center, Sixth Floor
515 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
Attention: Dennis Lyles, Esq.
ASSOCIATION: TOWNHOMES OF BLUEWATERS PROPERTY
OWNER’S ASSOCIATION, INC.
c/o First Service Residential, Inc.
5805 Blue Lagoon Drive, Suite # 310
Miami, FL 33126
Attention: President
Notice shall be deemed given upon the earlier of actual receipt, one business day after
sending by express overnight courier, or three business days after sending by certified or
registered mail.
6.2 ENTIRE AGREEMENT. The parties agree that this instrument embodies
the complete understanding of the parties with respect to the subject matter of this
Agreement and supersedes all other agreements, verbal or otherwise. This Agreement
contains the entire understanding between the District and the Association and each
agrees that no representation was made by or on behalf of the other that is not contained
3
Page 8in this Agreement, and that in entering into this Agreement neither party relied upon any
representation not herein contained.
6.3 AMENDMENT AND WAIVER. This Agreement may be amended only by
a written instrument signed by both parties. If either party fails to enforce its respective
rights under this Agreement, or fails to insist upon the performance of the other party’s
obligations hereunder, such failure shall not be construed as a permanent waiver of any
rights as stated in this Agreement.
6.4 SEVERABILITY. The parties agree that if any part, term, or provision of
this Agreement is held to be illegal or in conflict with any law of the State of Florida or with
any federal law or regulation, such provision shall be severable, with all other provisions
remaining valid and enforceable.
6.5 GOVERNING LAW; VENUE. This Agreement shall be construed under the
laws of the State of Florida. Venue of any claim, objection, or dispute arising out of this
Agreement shall be in the appropriate court of competent jurisdiction in Miami-Dade
County, Florida.
6.6 ATTORNEYS’ FEES. In any dispute arising between or among the parties,
the losing party shall pay to the prevailing party reasonable costs and expenses incurred
in connection with any mediation, arbitration, or suit as determined by the mediator,
arbitrator, or court, including attorneys’ fees, court costs incurred by the prevailing party
or any agent or employee of the prevailing party in participating in any arbitration or
litigation in connection therewith.
6.7 NO THIRD-PARTY BENEFICIARIES. This Agreement is solely for the
benefit of the formal parties herein and no right or cause of action shall accrue upon or
by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing
in this Agreement expressed or implied is intended or shall be construed to confer upon
any person or corporation other than the parties hereto any right, remedy, or claim under
or by reason of this Agreement or any provisions or conditions hereof; and all of the
provisions, representations, covenants, and conditions herein contained shall inure to the
sole benefit of and shall be binding upon the parties hereto and their respective
representatives, successors, and assigns.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
4
Page 9IN WITNESS WHEREOF, the parties hereto execute this Agreement and further
agree that it shall take effect as of the Effective Date first above written.
Attest: BLUEWATERS COMMUNITY
DEVELOPMENT DISTRICT
___________________________ By:____________________________
Secretary/Assistant Secretary Chairperson/Vice-Chairperson
_____ day of ___________, 2020
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }
Sworn to (or affirmed) and subscribed before me by means of ___ physical
presence or ___ online, this ____ day of __________, 2020, by
________________________, as Chairperson/Vice-Chairperson of the Board of
Supervisors for BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT, who is
personally known and/or produced ______________________ as identification and who
being duly sworn, deposes and says that the aforementioned is true and correct to the
best of his knowledge.
______________________________
Notary Public
______________________________
Print Name
Commission Expires: ____________
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }
Sworn to (or affirmed) and subscribed before me by means of ___ physical
presence or ___ online, this ____ day of __________, 2020, by
_________________________, as Secretary/Assistant Secretary of the Board of
Supervisors for BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT, who is
personally known and/or produced ______________________ as identification and who
being duly sworn, deposes and says that the aforementioned is true and correct to the
best of his knowledge.
______________________________
Notary Public
______________________________
Print Name
Commission Expires: ____________
5
Page 10TOWNHOMES OF BLUEWATERS PROPERTY
OWNER’S ASSOCIATION, INC.
By: _________________________________
Name: _________________________
Title: __________________________
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }
Sworn to (or affirmed) and subscribed before me by means of ___ physical
presence or ___ online, this ____ day of __________, 2020, by
_________________________, as of TOWNHOMES OF
BLUEWATERS PROPERTY OWNER’S ASSOCIATION, INC., who is personally known
and/or produced ______________________ as identification and who being duly sworn,
deposes and says that the aforementioned is true and correct to the best of his
knowledge.
______________________________
Notary Public
______________________________
Print Name
Commission Expires: ____________
6
Page 11EXHIBIT A
RULES FOR PARKING ON DISTRICT PROPERTY
7
Page 12RESOLUTION NO. 2020-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT
APPROVING A PROPOSED BUDGET AND NON-AD VALOREM
ASSESSMENTS FOR FISCAL YEAR 2020/2021; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Board of Supervisors (“Board”) of the Bluewaters Community
Development District (the “District”) is required by Chapter 190.008, Florida Statutes, to
approve a Proposed Budget for each fiscal year; and,
WHEREAS, the Proposed Budget including the Assessments for Fiscal Year 2020/2021
has been prepared and considered by the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE BLUEWATERS COMMUNITY DEVELOPMENT DISTRICT THAT:
Section 1. The Proposed Budget including the Assessments for Fiscal Year
2020/2021 attached hereto as Exhibit “A” is approved and adopted.
Section 2. A Public Hearing is hereby scheduled for May 11, 2020 at 6:15 p.m. in the
Somerset Academy Silver Palms, Cafeteria Room located at 23255 SW 115th Avenue, Miami,
Florida 33032, for the purpose of receiving public comments on the Proposed Fiscal Year
2020/2021 Budget.
PASSED, ADOPTED and EFFECTIVE this 9th day of March, 2020.
ATTEST: BLUEWATERS
COMMUNITY DEVELOPMENT DISTRICT
By: By:
Secretary/Assistant Secretary Chairperson/Vice Chairperson
Page 13Bluewaters
Community Development District
Proposed Budget For
Fiscal Year 2020/2021
October 1, 2020 - September 30, 2021
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