Pier Park Community Development District

Board of Supervisors Meeting November 7, 2023

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

www.pierparkcdd.org

PIER PARK
COMMUNITY DEVELOPMENT DISTRICT
City of Panama City Beach City Hall
17007 Panama City Beach Parkway, Panama City Beach, Florida 32413

District Board of Supervisors    Chris Tilley, Sr.	Chairman
Marek Bakun	Vice Chairman
Chris Tilley, Jr.
Kenneth Goldberg	Assistant Secretary
Assistant Secretary	
Lee Ann Leonard	Assistant Secretary	
District Manager	Kimberly O’Mera	Rizzetta & Company, Inc.	
District Counsel	Joseph Brown	Kutak Rock LLP	
District Engineer	Robert Carroll	McNeil Carroll Engineering, Inc.	

All cellular phones must be placed on mute while in the meeting room.

The Public Comment portion of the agenda is where individuals may make comments on any matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (850) 334-9055. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) 1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop 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 the appeal is to be based.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
District Office  120 Richard Jackson Blvd, Suite 220, Panama City Beach, FL 32407 Mailing Address  3434 Colwell Avenue, Suite 200, Tampa, FL 33614 www.PierParkCDD.org

Board of Supervisors Pier Park Community Development District

October 30, 2023

AGENDA

Dear Board Members:

The regular meeting of the Board of Supervisors of the Pier Park Community Development District will be held on Tuesday, November 7, 2023, at 10:00 a.m. (Central Time) at the City of Panama City Beach City Hall, located at 17007 Panama City Beach Parkway, Panama City Beach, FL 32413. The following is the agenda for this meeting:

CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS ON AGENDA ITEMS
BUSINESS ADMINISTRATION
Administer Oath of Office
Consideration of Resolution 2024-01, Canvassing and
Certifying Election Results…	Tab 1
Consideration of Resolution 2024-02, Designating Officers
of the District	Tab 2
Consideration of Minutes of the Board of Supervisors’
Meeting Held on September 27, 2023……………………	Tab 3
Acceptance of the Minutes of the Audit Committee Meeting
Held on September 27, 2023	Tab 4
BUSINESS ITEMS
Continued Discussion/Consideration of District Landscaping Services
Continued Discussion/Consideration of PIPA Amendment
STAFF REPORTS
District Counsel
District Engineer
Property Manager
District Manager
Presentation of District Manager Report
SUPERVISOR REQUESTS AND AUDIENCE COMMENTS
ADJOURNMENT

I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.
Sincerely, Kimberly O’Mera District Manager

Tab 1

RESOLUTION 2024-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Pier Park Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Panama City Beach, Florida; and

WHEREAS, pursuant to Section 190.006(2), Florida Statutes, a landowners meeting is required to be held within 90 days of the District’s creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such landowners meeting was held on November 7, 2023, the Minutes of which are attached hereto as Exhibit A, and at which the below recited persons were duly elected by virtue of the votes cast in his/her favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

Section 1. The following individuals are found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in their favor as shown:

	Seat 3	Votes 		
	Seat 4	Votes 		
	Seat 5	Votes 		

Section 2. In accordance with Section 190.006(2), Florida Statutes, and by virtue of the number of votes cast for the Supervisor, the above-named individuals are declared to have been elected for the following term of office:

4 Year Term (2023-2027)
4 Year Term (2023-2027)
2 Year Term (2023-2025) [CONTINUED ON FOLLOWING PAGE]

Section 3. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 7th DAY OF NOVEMBER, 2023.

Attest:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

 	
Secretary/Assistant Secretary	Chair/Vice Chair

Tab 2

RESOLUTION 2024-02

A RESOLUTION RATIFYING THE ACTIONS OF THE DISTRICT IN DESIGNATING A CHAIR, A VICE CHAIR, AND ASSISTANT SECRETARIES OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Pier Park Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in City of Panama City Beach, Florida; and

WHEREAS, the Board of Supervisors of the District hereby ratifies the actions of the District in appointing the below-recited persons to the offices specified.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PIER PARK COMMUNITY DEVELOPMENT DISTRICT:

	 is appointed Chair.

	 is appointed Vice Chair.

	                         is appointed Assistant Secretary.	
	                         is appointed Assistant Secretary.	
	                         is appointed Assistant Secretary.	

This Resolution shall become effective immediately upon its adoption.

Adopted this 7TH day of November 2023.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chair

Tab 3

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Meeting
Page 1

1	MINUTES OF MEETING
2
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.
7
8	PIER PARK
9	COMMUNITY DEVELOPMENT DISTRICT
10
The special meeting of the Board of Supervisors for Pier Park Community
Development District was held on Wednesday, September 27, 2023, at 11:00 a.m. (CDT
Time) at The Panama City Beach City Hall located at 17007 Panama City Beach Parkway,
Panama City Beach, FL 32413.
15
16  Present:
17
Chris Tilley Sr.	Board Supervisor, Chairman
Marek Bakun	Board Supervisor, Vice Chairman
Chris Tilley Jr.	Board Supervisor, Assistant Secretary
(Via Speakerphone)
Ken Goldberg	Board Supervisor, Assistant Secretary
Lee Ann Leonard	Board Supervisor, Assistant Secretary
24
25  Also present were:
26	Kim O’Mera	District Manager, Rizzetta & Company, Inc.
27	Joseph Brown	District Counsel, Kutak Rock, LLP
28	(Via Speakerphone)
29
30
31
32  FIRST ORDER OF BUSINESS	Call to Order
33
34  Ms. O’Mera called the meeting to order at 11:13 a.m. (CDT) and conducted roll call,
35  confirming a quorum for the meeting.
36
37
38  SECOND ORDER OF BUSINESS	Audience Comments
39
40  There was no audience present.
41
42
43
44

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Meeting
Page 2

45
THIRD ORDER OF BUSINESS	Consideration of the Minutes of the Board
of Supervisors Meeting Held on July 31,
2023

On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board approved the Minutes of the Board of Supervisors Meeting held on July 31, 2023, for Pier Park Community Development District.

49

50
FOURTH ORDER OF BUSINESS	Acceptance of the Minutes of the Audit
Committee Meeting Held
on July 31, 2023

On a Motion by Mr. Goldberg, seconded by Ms. Leonard, with all in favor, the Board accepted the Minutes of the Audit Committee Meeting held on July 31, 2023, for Pier Park Community Development District.

54

55
56
FIFTH ORDER OF BUSINESS	Ratification	of	Operation	and
Maintenance Expenditures from General
Fund for the Months of	July 2023 –
August 2023
61
Ms. O’Mera presented the Operation and Maintenance Expenditures from the General Fund
for the period of July 2023 through August 2023.

Upon a Motion by Ms. Leonard, seconded by Mr. Goldberg, with all in favor, the Board ratified the Operation and Maintenance Expenditures from the General Fund for July 2023 in the amount of $17,949.40, and August 2023 in the amount of $43, 181.32, for Pier Park Community Development District.

64

65
SIXTH ORDER OF BUSINESS	Ratification	of	Operation	and
Maintenance	Expenditures	from	the
OLTR Fund for the Months of	July
2023 – August 2023
70
Ms. O’Mera presented the Operation and Maintenance Expenditures from the OLTR Fund for
the period of July 2023 through August 2023.

On a Motion by Mr. Bakun, seconded by Mr. Tilley Sr., with all in favor, the Board ratified the Operation and Maintenance Expenditures from the OLTR fund for July 2023 in the amount of
$6,126.57, and August 2023 in the amount of $56,178.56, for Pier Park Community Development District.

73

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Meeting
Page 3

74
SEVENTH ORDER OF BUSINESS	Consideration of Recommendation of the
Audit Committee
77
78 Ms. O’Mera reiterated the recommendations of the Audit Review Committee.

On a Motion by Mr. Bakun, seconded by Mr. Goldberg, with all in favor, the Board approved the Audit Committee Recommendation of Berger, Toombs, Elam, Gaines & Frank for Audit Services for Fiscal Years 2023-2027, for Pier Park Community Development District

79

80
EIGHTH ORDER OF BUSINESS	Acceptance	of	FY	2023-2024	District
Insurance	Policies	and	Financing
Agreement
84
Ms. O’Mera presented the FY 2023-2024 District Insurance Policies and Financing
Agreement. A general discussion ensued amongst the Board of Supervisors. Mr. Bakun
preferred paying off the Financing Agreement as soon as funds are available.

On a Motion by Mr. Tilley Sr., seconded by Ms. Leonard, with all in favor, the Board ratified FY 23–24 District Insurance Policies and Financing Agreement, for Pier Park Community Development District.

88

89
90
NINTH ORDER OF BUSINESS	Presentation	of	Current	District
Maintenance Responsibilities
93
Mr. Brown presented an overview of the District Maintenance Responsibility Report, offering
historical context related to the establishment of the PIPA and subsequent amendments. A
general discussion occurred.
97
TENTH ORDER OF BUSINESS	Discussion	and	Consideration	of
Discussions with the City Regarding the
Operation	and	Maintenance	of	Aaron
Bessant Park and the Pier
102
Discussion continued on this business item from the discussion concerning District
Maintenance Responsibilities.

On a Motion by Mr. Tilley Sr., seconded by Ms. Leonard., with all in favor, the Board approved in concept an amendment to the PIPA transitioning maintenance responsibility of Aaron Bessent Park and the Beachfront away from the District and to the City, subject to final review and approval by the Board, for Pier Park Community Development District.

105

106

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Meeting
Page 4

107
ELEVENTH ORDER OF BUSINESS	Update	Discussion	Regarding
Landscaping RFP
110
Mr. Brown explained the RFP process may need to be placed on hold until the PIPA
amendment is sorted. General discussion took place on future of the District.
113
114
On a Motion by Mr. Goldberg, seconded by Mr. Tilley Jr, with all in favor, the Board tabled Landscaping RFP, for Pier Park Community Development District.		
115				
116	TWELFTH ORDER OF BUSINESS	Acceptance of Addendum to Technology		
117		Services Agreement		
118				
On a Motion by Ms. Leonard., seconded by Mr. Goldberg, with all in favor, the Board accepted the First Addendum to Technology Services – Rizzetta & Company, Inc., for Pier Park Community Development District.	
119			
120			
121	THIRTEENTH ORDER OF BUSINESS	Staff Reports	
122			
A. District Counsel
Mr. Brown had no other updates and invited the Board to ask questions.
125
B. District Engineer
Not present.
128
C. Property Manager
Not present.
131
D. District Manager
Ms. O’Mera reminded the Board of the Landowner Meeting and Board of Supervisors
Meeting to be held on Tuesday, November 7, 2023, at 10:00 a.m.
135
136  FOURTEENTH ORDER OF BUSINESS	Supervisor	Requests	and	Audience
137	Comments
138
139	General discussion took place.
140
141
142
143

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Meeting
Page 5

144
145
146  FIFTEENTH ORDER OF BUSINESS	Adjournment
147
148
On a Motion by Mr. Tilley Sr, seconded by Mr. Goldberg, with all in favor, the Board of Supervisors adjourned the meeting at 11:57 a.m., for Pier Park Community Development District.	
149			
150			
151			
152	 		 		
153	Secretary/Assistant Secretary	Chairman/Vice Chairman	
154		
155		
156		
157		

Tab 4

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Audit Committee Meeting
Page 1

1	MINUTES OF MEETING
2
3	Each person who decides to appeal any decision made by the Board with respect to any
4	matter considered at the meeting is advised that the person may need to ensure that a
5	verbatim record of the proceedings is made, including the testimony and evidence upon
6	which such appeal is to be based.
7
8
9	PIER PARK COMMUNITY DEVELOPMENT DISTRICT
10
11	The meeting of the Audit Committee of the Pier Park Community Development District
12	was held on Wednesday, September 27, 2023, at 11:00 a.m. (Central Time) at the City of
13	Panama City Beach City Hall, located at 17007 Panama City Beach Parkway, Panama City
14	Beach Florida, 32413.
15
16	Present and constituting a quorum:
17
18	Chris Tilley	Committee Member
19	Marek Bakun	Committee Member
20	Chris Tilley Jr	Committee Member
21	Lee Ann Leonard	Committee Member
22	Kenneth Goldberg	Committee Member
23
24	Also present were:
25
26	Kimberly O’Mera	District Manager, Rizzetta & Company, Inc.
27	Joseph Brown	District Counsel, Kutak Rock
28
29	FIRST ORDER OF BUSINESS	Call to Order
30
31	Ms. O’Mera called the meeting to order at 11:02 and conducted roll call.
32
33	SECOND ORDER OF BUSINESS	Audience Comments
34
35	There were no audience members present.
36
THIRD ORDER OF BUSINESS	Review	and	Ranking	of	Proposals
Received in Response to the RFP for
Auditing Services and Recommendation
to the Board of Supervisors
41
Ms. O’Mera presented the presentation of proposals were received from Berger, Toombs, Elam,
Gaines & Frank and Grau & Associates. The Audit Committee reviewed the proposals.
General discussion ensued.
45
46
47

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
September 27, 2023 Minutes of Audit Committee Meeting
Page 2

48
49
50
51	Ranking of Auditor Proposals
52
The individual committee members provided management with the scores for each of the
firms submitting proposals based on the evaluation criteria approved at the last meeting. Ms.
O’Mera tabulated the scores and announced that Berger, Toombs, Elam, Gaines & Frank
received 335 points and Grau and Associations received 240 points.
57
58	The Board ranked the two proposals as follows:
59	1. Berger, Toombs, Elam, Gaines & Frank – 335 points
60	2. Grau & Associates – 240 points
61

On a Motion by Mr. Tilley Sr, seconded by Ms. Leonard, with all in favor, the Committee ranked Berger, Toombs, Elam, Gaines & frank as the highest bidder with 335 points and recommended that the Board enter into an agreement with the firm of Berger, Toombs, Elam, Gaines & Frank for the District’s Auditing Services for Fiscal Years 2023-2027, for Pier Park Community Development District.

62
63
64
65
66	FOURTH ORDER OF BUSINESS	Adjournment
67

On a Motion by Mr. Goldberg, seconded by Mr. Tilley Jr., with all in favor, the Committee adjourned the Meeting at 11:11 p.m., for Pier Park Community Development District

68