VILLAGES OF WESTPORT
Community Development District APRIL 2, 2025

AGENDA

Villages of Westport Community Development District
475 West Town Place
Suite 114 St. Augustine, Florida 32092
District Website: www.villagesofwestportcdd.com
March 26, 2025 Board of Supervisors
Villages of Westport Community Development District Dear Board Members:
The Villages of Westport Community Development District Special Meeting is scheduled for Wednesday, April 2, 2025 at 5:00 p.m. at the Highlands Regional Library, 1826 Dunn Avenue, Jacksonville, Florida 32218.
Following is the advance agenda for the meeting:

Roll Call

Public Comments (regarding agenda items below)

Presentation of CDD 101

Consideration of Proposal from Phinnessee Guard Services to Provide Security Services for Pool Resurface Project

Supervisor’s Request

Public Comments
Next Scheduled Meeting – April 28, 2025 @ 5:30 p.m. @ Highlands Regional Library
Adjournment

THIRD ORDER OF BUSINESS

CDD 101
VILLAGES OF WESTPORT COMMUNITY DEVELOPMENT DISTRICT

General Background

What is a CDD?
Local unit of special purpose government
Established under the Uniform Community Development Act of 1980 (Chapter 190, Florida Statutes)
Primary functions:
Provide a mechanism to finance, construct and maintain high-quality improvements and amenities
Issue tax-exempt bonds to finance cost of public infrastructure
Maintain roadways, facilities, amenities, common areas, and other public improvements
Collect revenues and pay operating expenses
Levies special assessments on lands benefited by improvements

Powers of CDDs
Allowed by Chapter 190, F.S.:
Construct and maintain public infrastructure
Issue long-term bonds
Issue short-term bonds
Levy and collect non-ad valorem assessments for debt service
Levy and collect operating and maintenance assessments
Contract for services
Provide security/recreational services

NOT authorized by Chapter 190, F.S.:
Regulate land use/zoning
Issue building permits
Issue development orders
Provide police services
Enforce code compliance
Enforce traffic regulations

Unit of Government
As a unit of government, a CDD is:
Subject to the Government in the Sunshine Law
Subject to Public Records laws
Subject to certain reporting and disclosure requirements
Subject to bidding requirements for certain projects
Able to issue tax-exempt bonds to finance public improvements
Able to enjoy the protections of sovereign immunity
Exempt from sales tax

CDDs

CDDs v. HOAs

HOAs

Unit of government
Subject to open government and public records laws
CDD assessments are co-equal with County taxes, making them very secure
Able to finance large improvements through bonds, resulting in less financial burden on homeowners
Required to hold public hearings for certain actions
Board begins turnover to resident Board members as early as 6 years from establishment
Tax-exempt

Private entity (not-for-profit corporation)
Financing limited to annual assessments, shorter-term loans, and other private financing
Required to hold homeowner votes for
certain decisions
Turnover to resident control usually occurs over a longer period (based on percentages of sold lots)
Has control  over deed restrictions on
private lots

Responsibilities and Control –
VILLAGES OF WESTPORT CDD
CDD

HOA

Public Roadways
Stormwater Management Facilities
Utilities (Water Main Extensions,
Sanitary Force Mains, Lift Stations)
Irrigation and Landscaping (common
areas)
Amenity Center (community fitness center, pools, playground, and baseball and soccer fields)
Entrance features and signage

Private Roadways
Deed restriction enforcement
Community architectural control
Irrigation and landscaping (private property)
Homeowners’ driveways and lawns

Key Legal Considerations for Supervisors

Chapter 190, Florida Statutes
Sets forth all powers and responsibilities of CDDs
If Chapter 190, Florida Statutes, does not grant the power, the CDD – and therefore Supervisors acting in their capacity as Supervisors of the CDD – cannot do it.
Keep in mind:
CDD has limited authority.
CDD must comply with applicable laws, including City and County ordinances.

Comply with the Law – Sunshine Law
The Government in the Sunshine Law (a/k/a Open Records Law), see Chapter 286, Florida Statutes & Article I, s. 24, Constitution of the State of Florida
Constitutional and statutory right of public access to governmental proceedings, at state or local level
Applies to any gathering of two or more members of the same Board to
discuss some matter which may foreseeably come before that Board for action.
Includes phone calls, text messages, emails, social media
Applies to conversations with other Board members, not with Staff
Such discussions can only take place at a meeting that is: (1) noticed, (2) open to the public, and (3) where minutes are taken.
A quorum (3/5 Supervisors) must be physically present to make any
decisions

Other Sunshine Law Considerations
Do not use other individuals (Staff, neighbors, etc.) as a conduit to have a conversation between Supervisors.
	Reasonable notice is required for all Board meetings. This means notice must be published in the newspaper and an agenda should be posted at least 7 days in advance.
An opportunity for public comment is required before the Board takes action.
	The public must be allowed to attend meetings, but the District is NOT required to provide a means for electronic attendance for the public.
Secret voting is not allowed.
Minutes do not have to be a verbatim transcript.
	Committees may be subject to the Sunshine Law if they have decision-making authority

Narrow Exceptions to Sunshine Law
Only those exemptions or exceptions expressly provided in Florida law are permitted.
Examples:
Pending litigation
Security and fire safety system details

Penalties for Violating Sunshine Law
Criminal penalties:
Knowing violation is a 2nd degree misdemeanor which can result in sentences of 60 days’ imprisonment and fine of up to
$500
Civil fines up to $500
Civil lawsuits:
Must pay attorneys’ fees (can be against individuals involved), but no damages are awardable
Removal from office
Action is considered to be invalid but can cure

Comply with the Law – Public Records
With limited exceptions, documents related to District business must be preserved as public records and produced when requested.
We recommend using a separate e-mail address for all District business and keeping any hard copy files in a separate and easy-to-access place.
Forward any public records requests to the District Manager for processing

Comply with the Law – Ethics Law
Supervisors are subject to many of the same ethics laws as county and city officials.
Supervisors must make required financial disclosures. The District
Manager will provide the required forms (Form 1).
Do not accept a bribe.
Avoid conflicts of interest.
If there is ever an item before you for a vote that would provide a special benefit to you, a business associate, or a close family member, let District Counsel know so proper steps may be taken.
See Chapter 112, Florida Statutes, for other ethical considerations

Finance Basics

Annual Budget
Fiscal Year runs from October 1 to September 30.
Proposed budget must be adopted before June 15 each year
Final budget must be adopted after a public hearing before October 1 each year.
Describes anticipated expenditures and sources of funds.
Available on the District’s website: https://www.
https://villagesofwestportcdd.com
Funds may be moved amongst line items by motion, but large changes may require an amendment by resolution

What are Bonds?
Long term, tax-exempt financing available to the CDD because it is a unit of government with authority to issue long-term, tax-exempt debt.
Must be validated by a court and comply with Florida law.
May be repaid over up to 30 years.
Spreading costs over a longer period makes costs more manageable for homeowners.
Costs only paid at the time you own your house – assessments run with the land, not the property owner.
May be refunded to obtain better interest rates

What are Assessments?
Debt Assessments
Levied to repay bonds
One-time mailed and published notices and public hearing required
Usually collected on the County tax roll

Operations & Maintenance Assessments
Levied	to	pay	annual	administrative,	operational,	and	general maintenance costs of the District – adopted annually with budget
Includes reserves and amounts for maintaining current infrastructure
Mailed and published notices and public hearing required to increase above last noticed amount
Usually collected on the County tax roll

Annual Audit
Required by statute
Must be completed by June 30 each year (unless an earlier deadline applies for bonds).
Available on the Florida Department of Financial Services website

Management and Control of the District

Staff Roles and Responsibilities
District Manager
Receives authority from Florida Statute, District policies, and as provided in the agreement between the District and the management company.
The Board makes policy, and the District Manager implements the
Board’s policies.
Has “charge and supervision of the works of the District” and is responsible for preserving, operating and maintaining improvements, facilities, and equipment and for performing such other duties as may be prescribed by the Board. §190.007(1), Florida Statutes.
May hire and fire professional, supervisory, and clerical employees as may be necessary and authorized by the Board. §190.007(1), Florida Statutes.

Staff Roles and Responsibilities
District Counsel
Works for the Board, not the District Manager or any Board member
Works with the District Manager and Staff to help protect the District from legal perils and achieve its goals
District Engineer
Assists	with	the	construction	of	the	District’s	Capital Improvement Plan
Assists in the acquisition and conveyance of infrastructure
Assists with permit compliance
Assists with maintenance of infrastructure

Board of Supervisors
The CDD is controlled by an elected 5-member Board of Supervisors.
Phase 1: Landowner Elections
Initially, Supervisors are elected on an at-large basis by those owning property within
the CDD.
1 acre of land = 1 vote (partial acres are rounded up).
Candidates must be Florida residents and U.S. citizens.
Phase 2: General Qualified Electors
Beginning six years after the initial appointment of Supervisors and once the CDD has at least 250 qualified electors, Supervisors begin to be elected through the general election process.
Supervisors elected through the General Election process must be qualified electors (residents of the District who are at least 18 years old and registered to vote in Duval County) and serve four-year terms with staggered expiration dates

Role of the Board
Authorized by Chapter 190, F.S.
Policy making
Retention of staff to implement policy
Holding staff accountable for policy implementation
Making material business decisions for the District (ex. whether to issue or refinance bonds or enter into significant contracts)

NOT authorized by Chapter 190, F.S.
Directing on-site staff
Individual board members are not supposed to be operating the District, unless delegated some limited authority by the Board.

Role of Individual Supervisors

Receive input from constituents
Propose new policies or policy changes
Vote	on	proposals	brought	before	the	Board	at meetings

District Officers
Chair – selected by the Board; has certain powers to sign documents, convene meetings, authorize emergency expenditures, and take other actions permitted by law, rule, and policy.
Vice Chair and Assistant Secretaries –
Vice Chair fulfills the duties of the Chair when the Chair is absent.
Assistant Secretaries who are Board members can fulfill the role of Chair when the Chair and Vice Chair are both absent.
Assistant Secretaries who are not Board members have certain signing/attestation
authority.
Treasurer – statutory position; has charge of the funds of the District, required to provide a bond and/or insurance and does not need to be a Board member.
Secretary – responsible for maintaining minutes, retaining records, coordinating certain disclosures; required to provide a bond and/or insurance and does not need to be a Board member.

Meeting Procedures
Call meeting to order
Roll Call
Public Comment (3 minutes, not a question & answer session)
District Business
Decisions are made by a majority vote of the Supervisors present (may vote by phone if a physical quorum is present)
Motion, second, all in favor
District has not adopted Robert’s Rules of Order but does follow procedures to maintain decorum
Public hearings (rules, assessments, etc.)
Separate published notice
Separate public comment opportunity

Best Practices for Supervisors

Social Media
Because of the Sunshine Law, once a Supervisor posts on social media, another
Supervisor should not respond to the post.
Our recommendation is to avoid using social media for District business on an individual
level.
If you do post on a social media page, create a copy of that page, and submit it
promptly to the District Manager’s office.
DO NOT delete posts.
If in doubt about the accuracy of any planned posts, please consult with District
Manager first or direct residents to the District Manager for follow-up.
If you want to set up your own Facebook or other account where District business will be discussed, please consult further with District Manager and District Counsel first. There will be technological requirements the Board needs to consider.
Use person-to-person contact, e-mail and telephone as your primary, or sole,
means of communication with your constituents.

Prepare for Board Meetings,
Workshops, and Conference Calls
Anticipate questions regarding your positions on issues that are on the agenda.
Make sure others are prepared. For example, if you have an engineering question, give the District Engineer notice before the meeting.
Meeting time is limited and valuable. All questions on the materials in the agenda package should be raised to Staff in advance of the meeting.
Identify issues that may need input from District Counsel or the District Engineer in advance. We can help you be proactive in preventing future problems and creating efficient agenda items for Board action.

Be Organized
Avoid requesting last minute agenda items unless time is of the essence.
Avoid audio and/or visual issues. Let staff know in advance if you
have a PowerPoint or electronic presentation.
Be consistent with treatment of the audience and do not perpetuate bad habits. For example, it is “audience comments,” not “audience questions.” Do not invite questions from the audience unless the Board has a formal policy to do so.
While it may seem awkward to tell your neighbor to wait until
audience comments to provide input, that is how effective governments operate.

Respect Fellow Board Members and Staff
Board Members
In a meeting, on social media, or in conversations in the community
Rarely will commenting negatively on another Board member help the community
Keep criticism to “positions,” not “people”
Staff
If you have concerns with a Staff member (other than the District Counsel or District Engineer who report directly to the Board), speak to the District Manager. If not resolved, bring it to the Board’s attention for discussion.
If you have concerns with the District Counsel or District Engineer, speak to them. If not resolved, bring it to the Board’s attention for discussion.

Avoid Micromanagement
The most successful Boards do not micromanage Staff or engage in the day-to-day operation of the District.
Micromanagement is problematic for many reasons:
It creates potential liability for the individual Board member.
It creates potential liability for the District.
It waters down the protections the District bargained for when it hired an independent contractor.
It creates uncertainty with Staff as to who Staff should take direction from.
It is inefficient governance.
It causes friction with other Board members who may not feel the same way.

QUESTIONS?

Contact
For additional information, please contact Kilinski | Van Wyk, PLLC at:

Kilinski | Van Wyk, PLLC 517 E. College Avenue Tallahassee, Florida 32301
jennifer@cddlawyers.com; (850) 508-2335
chrisl@cddlawyers.com; (772) 359-6037

DISCLAIMER: Nothing in this presentation should be interpreted as legal advice. This presentation is intended to provide a framework of general legal principles so that a person can ask the right questions to an attorney of their choice. This information is not intended to substitute for professional legal advice for any specific situation and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have established an attorney-client relationship.

FOURTH ORDER OF BUSINESS

PHINNESSEE GUARD SERVICES
PROPOSAL FOR:
VILLAGES OF WESTPORT CDD

4 65 1 S AL IS B U R Y R O AD , S U IT E 4 00 J AC K S O NV IL L E , F L 3 2 2 5 6

PREPARED FOR:
Villages of Westport CDD 475 West Town Place Suite 114
St. Augustine. FL 32092

PREPARED BY:
Chief Phinnessee chief@phinguards.com www.Phinguards.com

THE ALIVE PLAN
Phinnessee Guard Services upholds stringent quality standards, offering clients, "THE ALIVE PLAN."
This approach emphasizes Accountability as a Liaison, proactive Initiative in reducing liability, unwavering Vigilance in all operations, and a commitment to Excellence through the provision of licensed Phin Guards.

The Phin Guard secures your Location and Assets with our state of the art technology that Notifies you in real time of any illegal activity.

We value you more than a client but a partner in helping to secure, Jacksonville and all surrounding areas.

PGS| www.phinguards.com

ABOUT US

Phinnessee Guard Services, LLC (PGS) and Training Institute founded by Chief Phinnessee, was established in 2021 with over sixteen years of security experience along with Class D-License and G-License, Class B Agency License (B3100063), CPR-1st Aid and various security trainings and certificates. PGS services Northeast Florida and surrounding areas. Through our PGS training institute we provide strategic "Class D & G" license training as it relates to Chapter 493, Florida Statutes and has created the new industry of security enforcement officers, "The PHINGUARD" (The Last Guard).

The PHINGUARD will be the last guard your company Hires!

The PHINGUARD is a uniformed contracted security enforcement officer with expertise of the latest innovative security technology. The PHINGUARD are armed and unarmed security enforcement officer's adept in areas such as: CCTV monitoring, industrial, construction. commercial properties, and HOAs. The PHINGUARD is trained in the latest innovative security technology and safety procedures such as active shooter preparedness, closed captioning television reviewing, surveillance techniques, quarterly firearm, and OSHA fire watch training as it relates to private security. We believe our high-quality quarterly training gives us the edge in providing quality security services.

Phinnessee Guard Services is certified as a Jacksonville Small Emerging Business (JSEB), Minority and Woman Small Business certified by the State of Florida, OEO, JTA, BBB and Member of Jacksonville Chamber of Commerce (Jax Chamber).

Statement of Work

Since 2021, Phinnessee Guards Services has provided execeptional Security Enforcement Officer Services. Phinnessee Guard Services is a privately- owned firm based out of Jacksonville, Florida.

"The PHINGUARD, protecting your today, and securing your tomorrow and your future!"

Phinnessee Guard Services
Capability Statement
DUNS: 049689561
CAGE: 9AWW9
Mission

Matto

"The PHINGUARD, protecting your today, and securing your tomorrow and your future!"
POINT OF CONTACT
Latasha Phinnessee
4651 Salisbury Road, Suite 400,
Jacksonville Fl 32256
985-628-2622
Licenses

Phinnessee Guard Service employs The Phin Guard (The Last Guard) who are well- versed in all security industry laws and regulations at both the state and local levels, honoring your company's core values of safety and security.
Certifications
Jacksonville Small Emerging Business (JSEB), Minority and Woman Small Business certified by the State of Florida, DBE, OEO, JTA- MSBE, LSBE, BBB, Jax
Bridges Certified, JaxPort, Florida Blue, LGBTQIA Certified NGLCC, Member of Jacksonville Chamber of Commerce (Jax Chamber), Orlando Pride Chamber and Clay County Chamber of Commerce
Core Competence

B3100063	DS3100052

NACIS Codes

Phin Guard
Industrial/ Commercial Apartment / Residential Office Buildings

611699	
561612	Armed / Unarmed Guards
Site Specific Post Orders	Mobile Patrol 24 Hour	
611430	611519		Dispatching	

Fire Watch

Executive Protection Special Events CCTV / Alarm Response

	

Past Performance

Construction Projects
Non-profit Organizations HUD
Communities

HOA
Communities Pool Security Event Security

THE PHIN GUARDS ARE ALIVE
Chief@phinguards.com	www.PHINGUARDS.com

PHINGUARD Personnel Requirements:

Passed Chapter 493 Statutes Security Requirements.
Passed a physical examination and have a valid State Driver's License.
Obtained a D License or G License certified by the State of Florida.

Quarterly customer service training and ongoing security training required.
Properly trained for all assigned tasks. Maintain a professional appearance and demeanor to all employees and customers.

PHINGUARD Work Requirements:
Ensure the security, safety, and well-being of all personnel, visitors, and the premises,
Ensure operation of security equipment and surveillance cameras by completing preventive maintenance requirements; following manufacturer's instructions; troubleshooting malfunctions; calling for repairs; evaluating new equipment and techniques.
Follow procedures for various initiatives, including fire prevention, patrolling premises regularly, traffic control, and accident investigations. Maintain environment by monitoring and setting building and equipment controls.
Prevent losses and damage by reporting irregularities, informing violators of policy, and procedures, and restraining trespassers.
Protect the homeowner's assets relative to theft, assault, fire, and other safety issues.
Report suspicious activity, criminal behavior, and security breaches. Secure premises and personnel by patrolling property; monitoring surveillance equipment; inspecting buildings, equipment, and access points permitting entry.
Complete reports by recording observations, information, occurrences, and surveillance activities; interviewing witnesses; obtaining signatures. Comply to our user-friendly security app to provide real-time access and updates pertaining to security reports and using site specific QR codes for geo-tracking of foot and vehicle patrols.
Contribute to security team effort by accomplishing related results as needed.

PRICING & PROPOSAL

Disclamier

Villages of Westport Community Development District

This document serves as a proposal for services based on an annual budget. This proposal is based upon information obtained from a representative from your establishment/organization. This is not an actual contract for services, only a proposed price for security services from information gathered. Once reviewed, please contact our office for additional questions or concerns to proceed with services.
Pricing includes the following duties for the officer and Budget:
(Per Guard) Unarmed Officer at the rate of $27.00 per hour plus 7.5% sales Tax = $ 2.03 totaling = $ 29.03 OT and holiday hours at the rate of 1.5 % per hour. This is based on a seven day a week 8 - hour shifts. (Hours and Services can be updated at client request). A 5% late fee will be applied to any invoice that are paid five or more days after due date.

Proposal Expiration
Please note: The above captioned pricing proposal is our indication for security services based on the information received as of April 05, 2025. Pricing is subject to change should there be any modifications to the scope of work and/or contract provisions. Our pricing proposal is valid 90 days from today’s date.
Our rates are negotiable. Please remember to add the 7.5% Florida Sales Tax to all pricing. For the hourly contracted rate of security services, an additional 30% will be applied to accommodate insurance requirements stemming from the client's additional insurance stipulations.

The Phinguard Creed

I am The PHINGUARD honoring your company’s core values of safety and security. As The PHINGUARD we pledge to be A.L.I.V.E

As The Phinguard I will be held Accountable to the standards of Chapter 493 Florida Statutes.

I understand that I am the Liaison between Phinnessee Guards Services client’s, communities, and first responders.

As The Phinguard my primary role is not only to secure and protect but act as a deterrent to Limit LIability for Phinnessee Guard Services and Clients.

The Phinguard’s true leadership is proven through our commitment
of Vigilance.

As a LicensEd Phinguard
I agree to act in accordance with Phinnessee Guards Services
Handbook and Guidelines.