BANYAN CAY COMMUNITY DEVELOPMENT
DISTRICT

PALM BEACH COUNTY REGULAR BOARD MEETING APRIL 19, 2022
2:00 P.M.

Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, FL 33410

www.banyancaycdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA BANYAN CAY
COMMUNITY DEVELOPMENT DISTRICT
Conference Room of Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410
REGULAR BOARD MEETING
April 19, 2022
2:00 P.M.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
November 16, 2021 Regular Board Meeting Minutes…	Page 3
Old Business
New Business
Consider Resolution No. 2022-01 – Adopting a Fiscal Year 2022/2023 Proposed Budget…	Page 6
Consider Stormwater & Wastewater 20-Year Needs Analyses Proposal…	Page 14
Administrative Matters
Board Members Comments
Adjourn

PALM BEACH DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and Legal Holidays
West Palm Beach, Palm Beach County. Florida

STATE OF FLORIDA COUNTY OF PALM BEACH:

Before the undersigned authority personally appeared ANGELINA GARAY, who on oath says that he or she ls the LEGAL CLERK. legal Notices of the Palm Beach Daily Business Review f/l<Ja Palm Beach Review, a daily {except Saturday, Sunday  and Legal Holidays) newspaper, published at West Palm Beach in Palm Beach County, Florida; that the att.ichim copy of advertisement. being a Legal Advertisement of Notice in the matter of

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT - FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE - NOTICE IS HEREBY GIVEN THAT THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT WILL HOLD REGULAR BOARD MEETINGS, ETC.

in the XXXX Court,
was published in sald newspaper 1n the issues of

10/0612021

Affiant further says that the said Palm Beach Darly Business Review is a newspaper published al Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in West Palm Beach in said Palm Beach County, Florida, for a period of one year next preceding the first publicalion of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

ANGELINA GARAY personally know to me

BANYAN CAY COMMUNJTY DEVELOPMENT DISTRICT FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN tnat
the Board of Supeivisors of the Banyan Cay Community Development District will hold Regular Board Meetings In fhe Conference Room of Special District Services, Inc.
located 2501A Bums Road, Palm Beach Gardens, Florida 33410 at 2:00 p.m. on the following dates:
October 19, 2021
November 16, 2021
December 21, 2021
January 18, 2022
February 15, 2022
March 15, 2022 April19,2022 May 17, 2022
June 21, 2022
July 19, 2022
August 16, 2022
September 20, 2022
The purpose of the meetings is to conduct any business coming pe/ore I.he Board. Meetings are open to the publlc and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District's website or by contacting the District Manager at 561-630-4922 and/or toll free at
1-877-737-4922 five (5) days prier to
I.he date of the particular meeting. From time to time one or two
Supervisors may participate by telephone; therefore, a speaker telephone wlll be present at the meeting location so that Supervisors may be fully Informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on !he record.

1

If any person decides to appeal any deoision made with respect to any matter considered at these meetlngs, such person will need a record ofihe proceedings and such person may need to insure that a
verbatim record of the proceedings is made at his or her ow ?xp

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
NOVEMBER 16, 2021

CALL TO ORDER

The Regular Board Meeting of the Banyan Cay Community Development District (the “District”) was called to order at 2:07 p.m. in the Conference Room of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410.

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 October 6, 2021, as part of the District’s Fiscal Year 2021/2022 Meeting Schedule, as legally required.

SEAT ELECTED BOARD MEMBER

ADMINISTER	OATH	OF	OFFICE	AND	REVIEW	BOARD	MEMBER RESPONSIBILITIES & DUTIES

Mr. Pierman noted that both Mr. Kutner and Mr. Kohlasch had been sworn in prior to the start of the meeting.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance:

Chairperson	Alicia Lewis (via phone)	Present	
Vice-Chair	Charlie Rimpela	Present	
Supervisor	Matthew Kutner	Absent	
Supervisor	Camryn Guerzon	Present	
Supervisor	Vacant		

Also in virtual attendance were:

District Manager	Jason Pierman	Special District Services, Inc.	
District Counsel	Bill Capko (via phone)	Lewis Longman & Walker, P.A.	

Mr. Pierman explained that Mr. Guerzon’s term had expired and recommended that the Board make a motion declaring a vacant seat.

A motion was made by Mr. Rimpela, seconded by Mr. Kutner, and unanimously passed declaring a vacant seat.

ELECTION OF OFFICERS

Mr. Pierman explained that it was now necessary to elect officers.

A motion was made by Ms. Lewis, seconded by Mr. Rimpela, and unanimously passed electing the following slate of officers:

CH: Alicia Lewis VC: Charlie Rimpela
Sec/Treas: Jason Pierman Assist. Sec: Matthew Kutner Assist. Sec: David Kohlasch

ADDITIONS OR DELETIONS TO AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
June 22, 2021, Public Hearing & Regular Board Meeting

The minutes of the June 22, 2021, Public Hearing & Regular Board Meeting were presented for consideration.

A motion was made by Mr. Rimpela, seconded by Mr. Kohlasch and passed unanimously approving the minutes of the June 22, 2021, Public Hearing & Regular Board Meeting, as presented.

OLD BUSINESS

There were no Old Business items to come before the Board.

NEW BUSINESS
Consider Resolution No. 2021-06 – Adopting a Fiscal Year 2020/2021 Amended Budget
Resolution No. 2021-06 was presented, entitled:

RESOLUTION NO. 2021-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2020/2021 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.
A motion was made by Mr. Rimpela, seconded by Mr. Kohlasch and passed unanimously adopting Resolution No. 2021-06, as presented.

Consider Ratification of Interlocal Agreement with Palm Beach County Information System Services

A motion was made by Mr. Rimpela, seconded by Mr. Kohlasch and passed unanimously ratifying the Interlocal Agreement with Palm Beach County Information System Services, as presented.

Consider Acceptance of 2021 Facilities Report

A motion was made by Mr. Rimpela, seconded by Mr. Kohlasch and passed unanimously accepting the 2021 Facilities Report, as presented.

ADMINISTRATIVE MATTERS

Mr. Pierman noted that the next meeting would most likely be held on March 15, 2022.

BOARD MEMBER COMMENTS

There were no comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mr. Rimpela, seconded by Mr. Kohlasch and passed unanimously to adjourn the meeting at 2:16 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

RESOLUTION 2022-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2022/2023 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Banyan Cay Community Development District (“District”) was recently established by Palm Beach County, Florida effective January 28, 2019; and

WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Banyan Cay Community Development District (the “Board”) the proposed operating budget for Fiscal Year 2022/2023; and

WHEREAS, the Board has considered the proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT:

The operating budget proposed by the District Manager for Fiscal Year 2022/2023 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said budget.

The public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:		, 2022	

HOUR:	2:00 p.m.	

LOCATION: Special District Services, Inc.	 2501A Burns Road	 Palm Beach Gardens, FL 33410.   

The District Manager is hereby directed to submit a copy of the proposed budget to Palm Beach County at least 60 days prior to the hearing set above.

In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2. If the District does not have its own website, the District's Secretary is directed to transmit the approved budget to the managers or administrators of Palm Beach County for posting on their website.

Notice of this public hearing shall be published in the manner prescribed in Florida law.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 19th day of April, 2022.

ATTEST:	BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman

Exhibit A: Fiscal Year 2022/2023 Budget

Banyan Cay Community Development District

Proposed Budget For Fiscal Year 2022/2023
October 1, 2022 - September 30, 2023

CONTENTS

PROPOSED BUDGET

DETAILED PROPOSED BUDGET

DETAILED PROPOSED DEBT SERVICE FUND BUDGET IV	ASSESSMENT COMPARISON

PROPOSED BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2022/2023
BUDGET	
O&M Assessments	91 026	
Deve oper Contr but on	0	
Debt Assessments	 25 532	
 nterest ncome	60	
		
TOTAL REVENUES	$	516,618	
		
EXPENDITURES		
Superv sor Fees	0	
 n neer n / nspect ons	 000	
Mana ement	2 720	
 e a 	22 000	
Assessment Ro 	5 000	
Aud t Fees	 500	
Arb tra e Rebate Fee	650	
 nsurance	6 06 	
 e a Advert sements	1 00	
M sce aneous	2 000	
Posta e	 00	
Off ce Supp es	750	
Dues & Subscr pt ons	175	
Trustee Fees	 150	
Cont nu n D sc osure Fee	1 000	
Webs te Mana ement	2 000	
Reserve	2 16	
TOTAL EXPENDITURES	$	85,625	
		
REVENUES LESS EXPENDITURES	$	430,993	
		
Bond Payments	( 00 000)	
		
BALANCE	$	30,993	
		
County Appra ser & Tax Co ector Fee	(10 331)	
D scounts For ar y Payments	(20 662)	
		
EXCESS/ (SHORTFALL)	$	-	

DETAILED PROPOSED BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2020/2021 ACTUAL	
FISCAL YEAR 2021/2022 BUDGET	
FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	
O&M Assessments	0	91 026	91 026	 xpend tures ess nterest /.9 	
Deve oper Contr but on	121 70	0	0	Deve oper Contr but on	
Debt Assessments	0	 25 532	 25 532	Bond Payments/.9 	
 nterest ncome	1 	60	60	Pro ected At 5.00 Per Mont 	
					
TOTAL REVENUES	$	121,884	$	516,618	$	516,618		
					
EXPENDITURES					
Superv sor Fees	0	0	0		
 n neer n / nspect ons	16 017	 000	 000	 o C an e From 2021/2022 Bud et	
Mana ement	2 000	2 000	2 720	CP ncrease (Capped At 3 )	
 e a 	 1  0	2 000	22 000	F 21/22 xpend tures T rou  an 2022 Were 1 63 	
Assessment Ro 	5 000	5 000	5 000	As Per Contract	
Aud t Fees	3 200	3 300	 500	 ncreased Due To Bond ssue	
Arb tra e Rebate Fee	0	650	650	 o C an e From 2021/2022 Bud et	
 nsurance	5 513	6 06 	6 06 	 nsurance st mate	
 e a Advert sements	636	1 500	1 00	 100 Decrease From 2021/2022 Bud et	
M sce aneous	751	2 000	2 000	 o C an e From 2021/2022 Bud et	
Posta e	17 	 00	 00	 o C an e From 2021/2022 Bud et	
Off ce Supp es	110	 00	750	 50 Decrease From 2021/2022 Bud et	
Dues & Subscr pt ons	175	175	175	 o C an e From 2021/2022 Bud et	
Trustee Fees	 1 0	 150	 150	 o C an e From 2021/2022 Bud et	
Cont nu n D sc osure Fee	500	1 000	1 000	 o C an e From 2021/2022 Bud et	
Webs te Mana ement	2 000	2 000	2 000	 o C an e From 2021/2022 Bud et	
Reserve	11 000	2 5 6	2 16	Reserve	
TOTAL EXPENDITURES	$	115,060	$	85,625	$	85,625		
					
REVENUES LESS EXPENDITURES	$	6,824	$	430,993	$	430,993		
					
Bond Payments	0	( 00 000)	( 00 000)	2023 P & Payments ess arned nterest	
					
BALANCE	$	6,824	$	30,993	$	30,993		
					
County Appra ser & Tax Co ector Fee	0	(10 331)	(10 331)		
D scounts For ar y Payments	0	(20 662)	(20 662)		
					
EXCESS/ (SHORTFALL)	$	6,824	$	-	$	-		

DETAILED PROPOSED DEBT SERVICE FUND BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2020/2021 ACTUAL	FISCAL YEAR 2021/2022 BUDGET	FISCAL YEAR 2022/2023 BUDGET	

COMMENTS	

 nterest ncome	
21	
25	
25	
Pro ected nterest For 2022/2023	

Cap ta zed nterest	
23 726	
0	
0	

Cap ta zed nterest Set-up T ou  ovember 2021	

 A Tax Co ect on	
0	
 00 000	
 00 000	
Max mum Debt Serv ce Co ect on	

Total Revenues	
$	234,747	
$	400,025	
$	400,025		

EXPENDITURES					

Pr nc pa Payments	
0	
130 000	
130 000	
Pr nc pa Payment Due n 2023	

 nterest Payments	
100 170	
269 113	
265 53 	
 nterest Payments Due n 2023	

Bond Redempt on	
0	
912	
  7	
 st mated xcess Debt Co ect ons	

Total Expenditures	
$	100,170	
$	400,025	
$	400,025		

Excess/ (Shortfall)	
$	134,577	
$	-	
$	-		

Series 2020 Bond Information

Or  na Par Amount =	 6 95 000	Annua Pr nc pa Payments Due =	 ovember 1st	
 nterest Rate =	2.75  - .00 	Annua nterest Payments Due =	May 1st &  ovember 1st	
 ssue Date =	December 2020			
Matur ty Date =

Par Amount As Of 1/1/22 =	 ovember 2051

 6 95 000			

Banyan Cay Community Development District Assessment Comparison

Or na 	F sca ear	F sca ear	Fiscal Year	
Pro ected	2020/2021	2021/2022	2022/2023	
	Assessment*			Assessment*			Assessment*			Projected Assessment*		

O & M For state omes

-	-	370.03	$

370 03

Debt For state omes

	1 7 9.00		- 

	1 7 9.13

$	1,789 13

Total For Estate Homes	$

1,789 00	$

-	$	2,159 16	$

2,159 16

O & M For ote Room/ n ts

-	-	370.03	$

370 03

Debt For ote Room/ n ts

	1 7 9.00		- 

	1 7 9.13

$	1,789 13

Total For Hotel

$	1,789 00	$

-	$	2,159 16	$

2,159 16

O & M For Resort  as

-	-	370.03	$

370 03

Debt For Resort  as

	1 31.00		- 

	1 31.30

$	1,431 30

Total For Resort Villas	$

1,431 00	$

-	$	1,801 33	$

1,801 33

O & M For C ub ouse Component	-

-	 1 0.66	$

8,140 66

Debt For C ub ouse Component		32 639.00		- 		32 639.00	$	32,639 00	
Total For Clu house Component	$	32,639 00	$	-	$	40,779 66	$	40,779 66	

* Assessments nc ude t e Fo ow n 		
  D scount for ar y Payments 1 County Tax Co ector Fee
1 County Property Appra ser Fee		
Commun ty nformat on - P ase One 		
 state omes	52	
 ote  n ts/Room	150	
Resort  as	22	
C ub ouse Component	22	
Tota n ts	2 6	
C ub ouse Component s 1 2 3 Square Feet		

3/7/2022 9 17 AM	 

February 17, 2022

Jason Pierman District Manager
Special District Services, Inc. 2501 Burns Rd., Suite A
Palm Beach Gardens, FL 33410 (Via email: jpierman@sdsinc.org)

Re:	Professional Civil Engineering Services Banyan Cay Development
20 Year Needs Analysis for Stormwater System Palm Beach County, Florida
Engenuity Group Project No. 19030.03

Dear Mr. Pierman:

We are pleased to offer this proposal to render professional civil engineering services in connection with a 20 Year Needs Analysis for Stormwater System (hereinafter called the ‘Project’) for the Banyan Cay Development. This analysis will be pursuant to Section 5 of Section 403.9302 of the Florida Statutes, and will be completed by June 30, 2022 to conform with this Statute.

Our services will consist of the following:

Meet onsite with Banyan representatives to observe the existing conditions of the stormwater system. The latest Banyan Cay CDD Annual Report will also be utilized as reference for our analysis.
Work with SDS and Banyan to gather information as necessary for use in the provided template.
Utilize the template to provide information, statements, data and answers as necessary for eventual submittal.

Total Fee:	Hourly, Not to Exceed $8,500.00

The cost of printing, reproduction, facsimile, mileage, and postage are included in our lump sum fee.

This proposal represents the entire understanding between you and us with respect to the Project. If this satisfactorily sets forth your understanding of our agreement, we would appreciate you issuing a Purchase Order for the requisite amount.

Page 14

PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS CONTRACT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT, AS LONG AS THE CONSULTANT MAINTAINS THE PROFESSIONAL LIABILITY INSURANCE REQUIRED UNDER THIS CONTRACT AND AS LONG AS ANY DAMAGES ARE SOLELY ECONOMIC IN NATURE AND THE DAMAGES DO NOT EXTEND TO PERSONAL INJURIES OR PROPERTY NOT SUBJECT TO THIS CONTRACT.

Sincerely,	Approved By:
Adam Swaney, PE	Lisa Tropepe, PE
Director of Engineering	Vice President

2022 02-17 Proposal Letter
Project No. 19030.03
Page 2 of 2

Page 15