waterlefe community development district

Transcription

waterlefe community development district
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE · 9530 MARKETPLACE ROAD · SUITE 206 · FT. MYERS, FLORIDA 33912
WATERLEFE
COMMUNITY DEVELOPMENT DISTRICT
BOARD OF SUPERVISORS’
OCTOBER 26, 2015
WATERLEFE COMMUNITY
DEVELOPMENT DISTRICT AGENDA
October 26, 2015 at 1:00 p.m.
To be held at the Waterlefe Golf & River Club, 995 Fish Hook Cove, Bradenton, Florida 34212.
District Board of Supervisors
Kenneth Bumgarner
John Brocki
Rosalyn Warner
Chris Hogan
Alan Haibach
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
District Manager
Greg Cox
Rizzetta & Company, Inc.
District Counsel
Andrew Cohen
Persson & Cohen, P.A.
District Engineer
Rick Schappacher
Schappacher Engineering, LLC
All Cellular phones and pagers must be turned off while in the meeting room.
The District Agenda is comprised of five different sections:
The meeting will begin promptly at 1:00 p.m. with the first section which is called Public Comment. The Public
Comment portion of the agenda is where individuals may comment on matters for which the Board may be taking action
or that may otherwise concern the District. Each individual is limited to three (3) minutes for such comment. The Board
of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF
THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED
BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called
Business Items. The business items section contains items for approval by the District Board of Supervisors that may
require discussion, motion and votes on an item-by-item basis. Occasionally, certain items for decision within this section
are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each
member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors’
discussion, motion and vote. The third section is called Business Administration. The Business Administration section
contains items that require the review and approval of the District Board of Supervisors as a normal course of business.
Agendas can be reviewed by contacting the Manager’s office at (239) 936-0913 at least seven days in advance of the
scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District
Manager at least fourteen (14) days prior to the date of the meeting. The fourth section is called Staff Reports. This
section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that
are being researched for Board action. The final section is called Supervisor Requests and Comments. This is the
section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs.
Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow
staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations
prior to scheduling the item for approval. Typically no motions or votes are made during these sessions.
Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate
in this meeting is asked to advise the District Office at (239) 936-0913, at least 48 hours before the meeting. If you are
hearing or speech impaired, please contact the Florida Relay Service at (800) 955-8770, who can aid you in contacting the
District Office.
Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is
advised that this same 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.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE • 9530 MARKETPLACE ROAD • SUITE 206 • FORT MYERS, FLORIDA 33912
October 15, 2015
Board of Supervisors
Waterlefe Community
Development District
AGENDA
Dear Board Members:
The regular meeting of the Board of Supervisors of Waterlefe Community Development
District will be held on Monday, October 26, 2015 at 1:00 p.m. at the Waterlefe Golf & River
Club, 995 Fish Hook Cove, Bradenton, Florida. The following is the agenda for this meeting:
1.
2.
3.
CALL TO ORDER/ROLL CALL
PUBLIC COMMENT
BUSINESS ITEMS
A.
Consideration of Pressure Washing Proposals
(under separate cover)
B.
C.
4.
5.
6.
Consideration of Professional Field Services Agreement ...........Tab 1
Consideration of Shores Litigation Settlement Agreement
(under separate cover)
BUSINESS ADMINISTRATION
A.
Consideration of the Minutes of the Board of Supervisors’
Meeting held on September 29, 2015 ..........................................Tab 2
B.
Consideration of the Minutes of the Joint Special Meeting of the
Board of Supervisors’ and Golf Course Committee held on
October 2, 2015 ............................................................................Tab 3
C.
Consideration of the Minutes of the Landscape Committee
Meeting held on August 11, 2015 ................................................Tab 4
D.
Consideration of the Minutes of the Erosion & Waterways
Committee Meeting held on September 15, 2015 .......................Tab 5
E.
Consideration of the Minutes of the Golf Course Committee
Meeting (under separate cover)
F.
Consideration of the Operations and Maintenance Expenditures
For the Month of September 2015 ...............................................Tab 6
G.
Presentation of Monthly Financial Report
STAFF REPORTS
A.
District Counsel
B.
District Engineer
C.
Property Manager
D.
Director of Golf Course Operations
E.
Golf Course Committee
F.
Erosion & Waterways Committee
G.
Landscape Committee
H.
District Manager
I.
Maintenance Reports
1.
Lake Masters ....................................................................Tab 7
2.
Field Inspection Report ....................................................Tab 8
SUPERVISOR REQUESTS AND COMMENTS
Waterlefe Community Development District
Agenda – October 26, 2015
Page 2
7.
ADJOURNMENT
We look forward to seeing you at the meeting. In the meantime, if you have any
questions, please do not hesitate to contact me at (813) 933-5571.
Very truly yours,
Greg Cox
Greg Cox
District Manager
cc:
Andrew Cohen, Persson & Cohen, P.A.
Tab 1
CONTRACT FOR PROFESSIONAL FIELD SERVICES
DATE:
October 1, 2015
BETWEEN:
RIZZETTA AMENITY SERVICES INCORPORATED
3434 Colwell Avenue
Suite 200
Tampa, Florida 33614
(Hereinafter referred to as "Consultant")
AND:
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
9530 Marketplace Road
Suite 206
Fort Myers, Florida 33912
(Hereinafter referred to as "District")
PURPOSE AND SCOPE OF SERVICES:
The purpose of this engagement is for the Consultant to provide professional landscape
maintenance inspection and services to the District. A description of these services is shown
below.
1. Perform monthly grounds inspections.
2. Provide the District with monthly written grounds inspection reports.
3. Attend monthly District meetings in person or via phone to review landscape inspection
reports as needed.
4. Notify maintenance contractors about deficiencies in service or need for additional care.
5. Monitor maintenance contractor progress in remedial work.
6. Provide input to District’s managing agent for annual budgetary consideration.
7. Provide for complete landscape bid packages to include, site plan and complete scope of
services.
8. Request landscape proposals as needed for District and present to District Manager.
CONTRACT FOR PROFESSIONAL FIELD SERVICES
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
2
ADDITIONAL SERVICES:
Any services not specifically provided for in the scope of services above, as well
as any changes in the scope requested by District, will be considered additional
services and will be performed by Consultant with prior written authorization of
the District. Such additional services may include but are not limited to
attendance at additional meetings, District presentations and vendor responses.
LITIGATION SUPPORT SERVICES:
Prepare documentation in response to litigation requests and provide necessary
expert testimony in connection with litigation involving District issues.
FEES AND EXPENSES:
Landscape Maintenance Inspection services:
$6,000 / annual
Additional services:
$75/hour
Litigation Support Services:
$175/hour
Fees for landscape maintenance inspection services will be billed on a monthly basis
In the event the District authorizes a change in the scope of services requested,
Consultant shall submit, in writing to the District, a request for a fee amendment
corresponding to the change in services being requested. Such request by the Consultant
must be approved by the District before Consultant is authorized to begin providing
services pursuant to the change in scope and the revised fees are adopted.
Out-of-pocket expenses incurred in connection with the performance of the services
described in this contract will be subject to reimbursement at cost. These expenses
include, but are not limited to, photocopies, express mail, airfare, mileage,
transportation/parking, and lodging. These expenses will be invoiced monthly and will
be due and payable 30 days from the date of invoice pursuant to the Prompt Payment Act,
Chapter 218.70 Florida Statutes.
Fees for services to be billed on an hourly basis will be at our then current standard rates,
which will be provided to the District at the time such services are authorized. The
hourly rate for these services may be amended from time to time as evidenced by a letter
to the District, in advance of such proposed change, indicating the new hourly fee for
such services.
CONTRACT FOR PROFESSIONAL FIELD SERVICES
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
3
LIMITATIONS OF RESPONSIBILITIES:
To the extent not referenced herein, Consultant shall not be responsible for the acts or
omissions of any landscape contractor or any of their subcontractors, suppliers or of any
other individual or entity performing services as part of this contract. Consultant shall
not be liable for any damage that occurs from Acts of God which are defined as those
caused by windstorm, hail, fire, flood, hurricane, freezing or other similar occurrences.
DISAGREEMENTS BETWEEN DISTRICT AND LANDSCAPE CONTRACTOR:
Consultant shall, as necessary, render written opinion on all claims of District and
landscape contractor relating to the acceptability of landscape contractor’s work or the
interpretation of the requirements of the contract documents pertaining to the progress of
landscape contractor’s work.
DISTRICT RESPONSIBILITIES:
The District shall provide for the timely services of its legal counsel, engineer and any
other consultants, contractors or employees, as required, for the Consultant to perform the
duties outlined in this Contract. Expenses incurred in providing this support shall be the
sole responsibility of the District.
NON-CONTINGENCY:
The payment of fees and expenses, as outlined in this Contract, are not contingent upon
any circumstance not specifically outlined in this Contract.
SUSPENSION OF SERVICES FOR NON-PAYMENT:
The Consultant shall have the right to suspend services being provided as outlined in this
contract if the District fails to pay Consultant invoices in a timely manner which shall be
construed as 30 days from date of the invoice pursuant to the Prompt Payment Act,
Chapter 218.70 Florida Statues. Consultant shall notify the District, in writing, 30 days
prior to suspending services.
TERMINATION OF THIS CONTRACT:
This Contract may be terminated as follows:
1) By the District for "good cause" which shall include misfeasance, malfeasance,
nonfeasance or dereliction of duties by the Consultant. Termination for “good cause”
shall be effected by provision of a minimum of 10 days written notice to Consultant
CONTRACT FOR PROFESSIONAL FIELD SERVICES
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
4
at the address noted herein;
2) By the Consultant for “good cause”, which shall include, but is not limited to, failure
of the District to timely pay Consultant for services rendered in accordance with the
terms set forth in this Contract, malfeasance, nonfeasance or dereliction of duties by
the District, or upon request or demand by the Board, or any member thereof, for
Consultant to undertake any action or implement a policy of the Board which
Consultant deems unethical, unlawful or in contradiction of any applicable federal,
state or municipal law or rule. Termination for “good cause” shall be effected by
provision of a minimum of 10 days written notice to District at the address noted
herein; or
3) By the Consultant or District, for any reason, upon provision of a minimum 60 days
written notice of termination to the address noted herein;
4) Consultant shall have the right to immediately resign and stop providing all services
if the District engages in illegal activities or actions.
Consultant will be entitled to full compensation, pursuant to the terms of this contract,
through the termination date. Consultant will make all reasonable effort to provide for an
orderly transfer of the books and records of the District to the District or its designee.
GENERAL TERMS AND CONDITIONS:
1)
All invoices are due and payable within 30 days of invoice date and pursuant to
the Florida Prompt Payment Act, Chapter 218.70. F. S. Invoices not paid within
30 days of presentation shall be charged interest on the balance due at the
maximum legally permissible rate.
2)
In the event either party is required to take any action to enforce this agreement,
the prevailing party shall be entitled to attorney’s fees and costs.
3)
Dissolution or court-declared invalidity of the District shall not relieve the District
of monies due for services theretofore rendered.
4)
This Contract shall be interpreted in accordance with and shall be governed by the
laws of the State of Florida.
5)
In the event that any provision of this contract shall be determined to be
unenforceable or invalid by a Court of Law, such unenforceability or invalidity
shall not affect the remaining provisions of the Contract which shall remain in full
force and effect.
6)
The rights and obligations of the District as defined by this Contract shall inure to
the benefit of and shall be binding upon the successors and assigns of the District.
CONTRACT FOR PROFESSIONAL FIELD SERVICES
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
5
There shall be no assignment of this Contract by the Consultant.
7)
Any amendment or change to this Contract shall be in writing and executed by all
parties to the contract.
8)
The District shall, to the extent allowable under applicable law and except and to
the extent caused by negligence or willful misconduct of the Consultant, agree to
indemnify, defend, and hold the Consultant harmless from and against any and all
claims, actions, suits, demands, assessments or judgments asserted and any and all
losses, liabilities, damages, costs, court costs, and expenses, including attorney’s
fees, alleged or that Consultant may hereafter incur, become responsible for, or be
caused to pay out arising out of or relating to (1) any acts or omissions of
Consultant or any of its employees or agents in the management and/or operation
of the District taken in accordance with or while implementing policies, plans or
other directives of the Board; (2) injuries sustained by persons or to property in or
about the District; (3) use or occupancy of any property on or about the District
by any person; (4) any violation of federal, state or municipal law, regulation or
ordinance unless such violation is that of the Consultant; and (5) any claim for
taxes or other charges which may be made against the Consultant which are the
primary responsibility of the District. The Consultant shall indemnify the District
for any and all losses, liabilities, damages, costs, court costs and expenses,
including attorney’s fees, alleged or that the District may hereafter incur, become
responsible for, or be caused to pay out arising out of or caused by any negligent
acts or willful misconduct of Consultant or any of its employees or agents. The
indemnification provided for herein shall not be deemed exclusive of any other
rights to which the Consultant or the District may be entitled and shall continue
after the Consultant has ceased to be engaged under this Agreement. Nothing
herein shall be construed to limit District’s sovereign immunity provided in s.
768.28 F.S.
9)
The District shall provide and maintain public official liability and general
liability insurance in an amount not less than one million dollars ($1,000,000.00).
10)
The Consultant shall provide and maintain the following levels of insurance
coverage at all times subsequent to the execution of this Agreement:
i.
ii.
iii.
iv.
v.
Worker’s Compensation insurance to cover full liability under worker’s
compensation laws in effect from time to time in Florida.
General Liability insurance with the limit of $1,000,000 Each Occurrence.
Professional Liability insurance with limits of no less than $1,000,000.
Employment Practices Liability insurance with $1,000,000 limit.
Comprehensive Automobile Liability insurance for all vehicles used by
the Consultant’s staff, whether owned or hired, with a combined single
limit of $1,000,000.
CONTRACT FOR PROFESSIONAL FIELD SERVICES
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
6
This Contract shall represent the entire agreement between the Consultant and the District. Both
Consultant and District understand and agree with the terms and conditions as set forth herein.
ACCEPTED BY:
RIZZETTA & COMPANY INCORPORATED
BY:
PRINTED NAME:
TITLE:
DATE:
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
BY:
PRINTED NAME:
TITLE:
DATE:
Tab 2
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 1
MINUTES OF MEETING
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.
WATERLEFE
COMMUNITY DEVELOPMENT DISTRICT
A regular meeting of the Board of Supervisors of the Waterlefe Community Development
District was held on Tuesday, September 29, 2015 at 1:05 p.m. at the Waterlefe River Club,
995 Fish Hook Cove, Bradenton, Florida.
Present and constituting a quorum were:
Ken Bumgarner
John Brocki
Rosalyn Warner
Chris Hogan
Alan Haibach
Board Supervisor, Chairman
Board Supervisor, Vice Chairman
Board Supervisor, Assistant Secretary
Board Supervisor, Assistant Secretary
Board Supervisor, Assistant Secretary
Also present were:
Eric Dailey
Greg Cox
Andy Cohen
Rick Schappacher
Tyree Brown
Steve Dietz
Rita Cohen
Bob Griswald
Chuck Gregory
Tony Tierno
Don McFadden
Tucker Mackie
Audience
FIRST ORDER OF BUSINESS
District Manager, Rizzetta & Company, Inc.
District Manager, Rizzetta & Company, Inc.
District Counsel, Persson & Cohen, P.A.
District Engineer, Schappacher Engineering
Operations Manager, Rizzetta & Company, Inc.
Interim General Manager of Golf Course Operations,
Waterlefe Golf Club
Property Management
MPOA
MPOA
Golf Course Committee
Golf Course Committee
Hopping Green & Sams (via speaker phone)
Call to Order
Mr. Dailey called the meeting to order and conducted the roll call.
SECOND ORDER OF BUSINESS
Public Comment
Mr. Dailey opened the floor for public comment. There were no audience comments.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 2
THIRD ORDER OF BUSINESS
Consideration of Resolution 2015-11,
Adopting Fiscal Year 2015/2016 Annual
Meeting Schedule
The Board set the fiscal year 2015/2016 CDD meeting schedule as taking place on the third
Monday of every month at 2:00 p.m., with the exception of the October meeting which will be held
on October 26, 2015 at 1:00 p.m.
On a Motion by Mr. Hogan, seconded by Ms. Warner, with all in favor, the Board adopted
Resolution 2015-11, setting the fiscal year 2015/2016 meeting schedule for Waterlefe Community
Development District.
FOURTH ORDER OF BUSINESS
Acceptance of Committee Meeting
Schedules for Fiscal Year 2015/2016
The Board accepted the committee meeting schedules for fiscal year 2015/2016 as noted
below:
•
•
•
Erosion and Waterways Committee – 3rd Tuesday of every month at 1:00 p.m.
Golf Course Committee – 2nd Thursday of every month at 1:00 p.m.
Landscape Committee – 2nd Tuesday of every month at 1:00 p.m.
On a Motion by Mr. Bumgarner, seconded by Mr. Hogan, with all in favor, the Board accepted the
committee meeting schedules for fiscal year 2015/2016 for Waterlefe Community Development
District.
FIFTH ORDER OF BUSINESS
Consideration of LakeMasters’ Proposal
for Grass Carp Barriers
Mr. Brown provided an overview of the proposal from LakeMasters. A discussion
ensued.
On a Motion by Mr. Bumgarner, seconded by Ms. Warner, with all in favor, the Board approved
the LakeMasters’ proposal for installation of grass carp barriers ($2,200.00) for Waterlefe
Community Development District.
The Board requested that Mr. Brown get a proposal from LakeMasters for half the
amount of grass carp previously suggested by them for consideration at the October meeting.
SIXTH ORDER OF BUSINESS
Consideration of Resolution 2015-12,
Reappointing Assistant Secretary
On a Motion by Mr. Hogan, seconded by Mr. Bumgarner, with all in favor, the Board adopted
Resolution 2015-12, removing Kristen Suit and appointing Greg Cox as Assistant Secretary for
Waterlefe Community Development District.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 3
SEVENTH ORDER OF BUSINESS
Consideration of Arbitrage Rebate
Calculations,
Capital
Improvement
Revenue Bonds, Series 2012, as of June 26,
2015
Mr. Dailey reviewed the arbitrage rebate report for the Board.
On a Motion by Ms. Warner, seconded by Mr. Hogan, with all in favor, the Board accepted the
Arbitrage Rebate Calculations for Waterlefe Community Development District.
EIGHTH ORDER OF BUSINESS
Consideration of Fiscal Year 2015/2016
Insurance Proposals
Mr. Dailey presented the insurance proposals to the Board for their consideration, noting
that Stahl & Associates declined to submit a proposal as it would not have been competitive. A
discussed ensued regarding the Public Officials Liability coverage options. Mr. Dailey noted that
the proposals came in under budget for the fiscal year.
On a Motion by Mr. Hogan, seconded by Ms. Warner, with all in favor, the Board approved Egis
Insurance Provider’s proposal ($13,331.00 with $2,000,000.00 Public Officials Liability coverage)
for Waterlefe Community Development District.
The Golf Course Committee recommended that the District pay for the golf course
insurance policy upfront and bill them in equal monthly installments over 12 months, to save on
the finance charges associated with the proposed agreement. A discussion ensued.
On a Motion by Mr. Hogan, seconded by Mr. Haibach, with all in favor, the Board approved Egis
Insurance Provider’s proposal for the Golf Course ($52,132.00; District will pay upfront to be
reimbursed by the Golf Course over 12 months) for Waterlefe Community Development District.
NINTH ORDER OF BUSINESS
Consideration of Proposals for Landscape
and Irrigation Maintenance Services
Mr. Brown reviewed the proposal summary for the Board. A discussion ensued.
On a Motion by Mr. Hogan, seconded by Ms. Warner, with all in favor, the Board approved the
Austin Outdoor proposal for landscape and irrigation maintenance services and authorized the
Chairman to execute it subject to final review by District Staff for Waterlefe Community
Development District.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 4
TENTH ORDER OF BUSINESS
Consideration of Waterways and Erosion
Committee Charter
On a Motion by Mr. Bumgarner, seconded by Mr. Brocki, with all in favor, the Board approved
the Waterways and Erosion Charter for Waterlefe Community Development District.
ELEVENTH ORDER OF BUSINESS
Consideration of the Minutes of the Board
of Supervisors’ Meeting held on August 25,
2015
Mr. Bumgarner noted a change to be made to the Ninth Order of Business.
On a Motion by Mr. Hogan, seconded by Mr. Bumgarner, with all in favor, the Board approved
the minutes of the Board of Supervisors’ meeting held on August 25, 2015 as amended for
Waterlefe Community Development District.
TWELFTH ORDER OF BUSINESS
Consideration of the Minutes of the
Erosion and Waterways Committee
Meetings held on June 16, 2015 and August
18, 2015
On a Motion by Mr. Bumgarner, seconded by Mr. Hogan, with all in favor, the Board accepted the
minutes of the Erosion and Waterways Committee Meetings held on June 16, 2015 and August
18, 2015 for Waterlefe Community Development District.
THIRTEENTH ORDER OF BUSINESS
Consideration of the Minutes of the Golf
Course Committee Meeting held on July
27, 2015
On a Motion by Mr. Bumgarner, seconded by Mr. Brocki, with all in favor, the Board accepted the
minutes of the Golf Course Committee Meeting held on July 27, 2015 for Waterlefe Community
Development District.
FOURTEENTH ORDER OF BUSINESS
Consideration of the Operations and
Maintenance Expenditures for the Month
of August 2015
Mr. Dailey presented the operations and maintenance expenditures for the period of August
1-31, 2015, which totaled $84,411.46. The Board inquired about various invoices and trustee fees.
On a Motion by Mr. Hogan, seconded by Mr. Haibach, with all in favor, the Board approved the
Operation and Maintenance Expenditures for the Month of August, 2015, which totaled
$84,411.46, for Waterlefe Community Development District.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 5
FIFTEENTH ORDER OF BUSINESS
Review of Monthly Financial Report
Mr. Dailey provided an overview of the financials for the month of July 2015. No formal
Board action was taken.
SIXTEENTH ORDER OF BUSINESS
Staff Reports
A.
District Counsel
Mr. Cohen provided an update on the MPOA and CDD Staff Agreement. He
noted that the Shores trial is scheduled for October 12th – October 14th.
B.
District Engineer
Mr. Schappacher stated that the vendor is coming to replace the Golf course
crossing markings. The Board inquired about the warranty issue. Mr. Schappacher
noted that signage needs to be replaced in the Shores and that the 13th hole has
standing water. He also provided an update on the easement for the
Shores/MPOA.
C.
Property Manager
Ms. Cohen provided her report. It was noted that Mr. Cox would work with Ms.
Cohen to obtain pressure washing proposals.
D.
Golf Course Manager
Mr. Dietz provided an update on the irrigation pump installation and the gate
house damage for the Board.
E.
Golf Course Committee
A discussion regarding changing various rates ensued, including a 2.5% increase
for membership and trail fees, adding a young professional member category at
$1,500 per year, and reviewing the Tenure category guidelines. A discussion
ensued.
On a Motion by Mr. Hogan, seconded by Mr. Haibach, with all in favor, the Board authorized
District Staff to advertise and prepare documents for a Rules and Rates Public Hearing at the
November 16, 2015 Board of Supervisors’ meeting, for Waterlefe Community Development
District.
The committee recommended a loan repayment plan of $2,000.00 per month, per
year to the District from the golf course until they are reimbursed for the new
irrigation pump. A discussed ensued.
On a Motion by Mr. Hogan, seconded by Ms. Warner, with all in favor, the Board approved a
loan repayment plan for the pump ($2,000.00 per month, per year), for Waterlefe Community
Development District.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
September 29, 2015 Minutes of Meeting
Page 6
The Board requested that the golf course engineering fees be itemized to allow for
accurate budget tracking.
F.
Erosion and Waterways Committee
It was noted that the committee is in need of a Chairman and that the pond RFP
scope of service will be presented at the October 26, 2015 CDD meeting.
G.
Landscape Committee
Ms. Warner stated that the front landscape lights were added on Thursday and a
proposal is needed from Rizzetta Amenity Services, Inc. for landscape design
services.
H.
District Manager
Mr. Dailey advised the next meeting of the Board of Supervisors is scheduled for
October 19, 2015 but would need to be moved to October 26, 2015 at 1:00 p.m.
due to scheduling conflicts with District Management.
Mr. Dailey reviewed the Action Items list. He noted that tablets would be
provided at the next meeting to view agenda documents in addition to the hard
copy agendas.
I.
Maintenance Reports
Mr. Dailey provided an overview of the Vertex Water Features fountain
maintenance report and the pond report. No formal Board action was taken.
SEVENTEENTH ORDER OF BUSINESS
Supervisor Requests
There were no Supervisor requests.
EIGHTEENTH ORDER OF BUSINESS
Adjournment
On a Motion by Mr. Brocki, seconded by Mr. Hogan, with all in favor, the Board adjourned the
meeting at 3:49 p.m., for Waterlefe Community Development District.
Secretary / Assistant Secretary
Chairman / Vice Chairman
Tab 3
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
October 2, 2015 Minutes of Meeting
Page 1
MINUTES OF MEETING
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.
WATERLEFE
COMMUNITY DEVELOPMENT DISTRICT
A Joint Special meeting of the Board of Supervisors and the Golf Course Committee of
the Waterlefe Community Development District was held on Friday, October 2, 2015 at 10:00
a.m. at the Waterlefe River Club, 995 Fish Hook Cove, Bradenton, Florida.
Present and constituting a quorum were:
Ken Bumgarner
John Brocki
Rosalyn Warner
Chris Hogan
Alan Haibach
Board Supervisor, Chairman
Board Supervisor, Vice Chairman
Board Supervisor, Assistant Secretary
Board Supervisor, Assistant Secretary
Board Supervisor, Assistant Secretary
Present for the Golf Committee
Tony Tierno
Don McFadden
Steve Sandborn
Herb Krasow
Bill Shopovick
Bill Gratsch
Ted Cole
Tony Maddaloni
Golf Course Committee
Golf Course Committee
Golf Course Committee
Golf Course Committee
Golf Course Committee
Golf Course Committee
Golf Course Committee
Golf Course Committee
Also present were:
Greg Cox
Andy Cohen
Ken Artin
Rick Frimmer
Tucker Mackie
Bob Griswald
Chuck Gregory
Jerri Haibach
Janice Reed
Audience
FIRST ORDER OF BUSINESS
District Manager, Rizzetta & Company, Inc.
District Counsel, Persson & Cohen, P.A.
Bond Counsel, Bryant Miller Olive
Bond Holder Counsel, Schiff Harding
Hopping Green & Sams (via speaker phone)
MPOA
MPOA
Women’s Golf Association
Golf Course Marketing Director
Call to Order
Mr. Cox called the meeting to order and conducted the roll call.
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
October 2, 2015 Minutes of Meeting
Page 2
SECOND ORDER OF BUSINESS
Public Comment
Mr. Cox explained that public comment would be held at the end of the meeting.
THIRD ORDER OF BUSINESS
Discussion Regarding
Consultant Report
Golf
Course
Mr. Bumgarner introduced Ken Artin, with Bryant Miller Olive, who provided a brief
history of the existing bond issues.
Mr. Steve Sanborn next provided a report from the Golf Committee as a form of response to
the District’s commissioned consultant, Rich Holman, report and recommendations.(Exhibit).
Mr. Tony Tierno provided a financial update of the golf course.
Mr. Nick Frimmer, representing a segment of the bond holders, addressed the meeting from
the perspective of the bond holders and indicated that the District needed to make decisions as to
how to proceed from this point forward. Mr. Frimmer suggested some form of task force be
assembled to work with him to develop future plans. (Exhibit)
The Board and Committee members discussed that there were three primary options to
consider: sell the golf course and have the new owners operate it; let the bond holders take over
operation of the golf course; or consider issuing a District bond in order to purchase the existing
bond at some discounted rate so that the District could continue to operate the golf course.
FOURTH ORDER OF BUSINESS
Public Comment
There were no public comments.
FIFTH ORDER OF BUSINESS
Supervisor Requests and Comments
The Board members discussed that there was a need to have some time to digest the
discussion held and to hold an additional joint meeting within two to three weeks to reach some
decision as to the course of action to follow.
SIXTH ORDER OF BUSINESS
Adjournment
On a Motion by Mr. Bumgarner, seconded by Ms. Warner, with all in favor, the Board adjourned
the meeting at 12:02 p.m., for Waterlefe Community Development District and the Waterlefe
Golf Committee..
Secretary / Assistant Secretary
Chairman / Vice Chairman
Tab 4
LANDSCAPE COMMITTEE MINUTES
August 11, 2015
PRESENT: Roz Warner, Phyllis Balestra, Jane Jones, Lily Fernandez
Meeting called to order 1:05 PM.
Minutes of last meeting in June approved.
PHASE 5: Now completed. Oleanders will be trimmed to one level after blooming finished.
AIR POTATO VINE: The special beetle has been ordered and is expected soon. Roz will place the eggs on
several leaves in the affected area. These beetles have worked very well in other areas in FL to help
eliminate air potato vine or to help reduce its spread.
CONTRACT: Will be going out for bid on Aug. 15 by Rizzetta. The Landscape Committee will be kept
advised.
CIRCLE: After lengthy discussion and review of several water fountains, etc. it was decided Waterlefe
would be better served with a terraced look and plantings. We will keep the palm tree and have a few
Royal Poinsettia trees. When/if palm tree get infected, it will be replaced with Royal Poinsettia tree.
We would also like to use existing crotons in plantings.
FALL FLOWERS: After voting, the fall mixture was selected. It will be planted by Austin. We also want
to continue with adding additional soil to our beds. The mounds look better. Austin, however, needs to
do a better job of weeding the beds.
We will use a red/pink combination of geraniums for winter.
We are continuing to add additional perennials to our beds to reduce cost of quarterly flowers.
MULCH: Some areas are in need of mulch. Possibly reduce weeds.
Meeting adjourned at 1:55.
Roz Warner
Tab 5
WATERWAYS AND EROSION COMMITTEE
Sept 15, 2015
PRESENT: Roz Warner
Linda Andersen
Robert Plenge
Carol Alexander
Tom Byrne
GUEST Rick Schappacher
Chris Pierson
Lou Balestra
GUEST Bill Kurth Lakemasters
John Wilson
Frank Papp
Meeting called to order at 1:05. August minutes were reviewed and approved.
Bill Kurth, LakeMasters discussed some of the problems we are having with our waterways, i.e. algae,
hydrilla. He mentioned some of the ways they have tried to eliminate hydrilla, using Nova which cost
$1900/gallon. Discussed advantage of carp, making certain to be conservative of adding the correct
quantity of fish. Several specific ponds were mentioned and he vowed to look into it. He will be here
next week to review and member Chris Pierson will go around property with him. The importance of
proper fertilization and keeping foreign items out of our drains and waterways was stressed. Bill was
reminded that our contract does mention manual removal of algae if necessary. The possibility of
having residents purchase aquatic plants was discussed. Many of our members feel that the
LakeMasters technicians spray and kill desirable plants.
Rick Schappacher introduced himself, advising he has been with Waterlefe since its conception. Review
of several maps showing how the water flows from pond to pond. Lou Balestra has brought the master
plans (large, easy to read) which were reviewed by many members. He answered several concerns and
questions.
Discussion of water depth under Shores Bridge was discussed as well as ways to determine exact depth.
Several suggestions how to eliminating the muck that has accumulated such as blowing out by large
boat motor or utilizing equipment such as was used when the erosion tubing sucked up bottom of canal.
I reminded members of the Sept 29 11:00 presentation on Protecting our Waterways.
The buoys we used to have in the canal requesting “No Wake Zone” are gone. Possibly two of them are
under the docks at the circle. We will check with Mr. Ben Strader and Lou Balestra will check with local
Coast Guard to see if any buoys are available. Frank Papp will check the price at marine supply store.
We think the buoys cost approximately $600 each. Previously there were six in the canal. NO WAKE
ZONE will be designated on the buoys.
Discussion of adding bass to the canals was discussed. Possibly adding when (and if) carp added to
canal.
After a discussion of our Charter, the final wording was approved:
The main objective of the Waterways and Erosion Committee shall be to recommend an efficient, cost
effective comprehensive management plan for the Waterlefe waterways as it relates to erosion
control, wetland management of aquatic vegetation, wildlife management, and the overall water
quality of all of the waterways.
The meeting was adjourned at 3:05.
Rosalyn Warner
CDD Supervisor
Tab 6
WATERLEFE COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE · 9530 MARKETPLACE ROAD · SUITE 206 · FT. MYERS, FLORIDA 33912
Operation and Maintenance Expenditures
September 2015
For Board Approval
Attached please find the check register listing the Operation and Maintenance
expenditures paid from September 1, 2015 through September 30, 2015. This does not
include expenditures previously approved by the Board.
The total items being presented:
$107,748.21
Approval of Expenditures:
__________________________________
______ Chairperson
______ Vice Chairperson
______ Assistant Secretary
Waterlefe Community Development District
Paid Operation & Maintenance Expenditures
September 1, 2015 Through September 30, 2015
Vendor Name
Check Number Invoice Number
Invoice Description
Alan Haibach
006717
082715 Alan Haibach
Alan Haibach
006717
AH082515
Fingerprinting Services for Liquor
License
Board of Supervisors Meeting 08/25/15
200.00
Alan Haibach
006734
AH091015
Board of Supervisors Meeting 09/10/15
200.00
Bradenton Herald
006730
002044400 - 08/15
769.29
Bright House Networks
006725
047506901083015
Acct # 002044400 Legal Advertising
08/15
Guardhouse Cable 09/15
Christine Thomason
006743
29198
Off Duty Services 08/18/15
105.00
Christopher J. Ralston
006722
29152
Off Duty Services 08/24/15
105.00
Christopher J. Ralston
006746
29299
Off Duty Services 09/17/15
105.00
Christopher P. Hogan
006718
CH082515
Board of Supervisors Meeting 08/25/15
200.00
Christopher P. Hogan
006735
CH091015
Board of Supervisors Meeting 09/10/15
200.00
Dickinson & Gibbons, P.A.
006733
006748
Egis Insurance Advisors, LLC
006748
P-2015-08-000724
Florida Power & Light Company
006726
Fraicor Terrero
006741
Electric Summary
08/15
29201
Waterlefe MPOA vs Eric Erikson, et al.
Mediation
FL Insurance Alliance Pkg 10/01/1510/01/16-Golf Course Policy
FL Insurance Alliance Pkg 10/01/1510/01/16
FPL Electric Summary 08/15
675.00
Egis Insurance Advisors, LLC
082815 Waterlefe
Mediation
P-2015-08-000723
John B. Brocki
006715
John B. Brocki
Invoice Amount
52.66
189.12
52,132.00
13,331.00
1,701.22
Off Duty Services 09/01/15
105.00
JB082515
Board of Supervisors Meeting 08/25/15
200.00
006731
JB091015
Board of Supervisors Meeting 09/10/15
200.00
Jonathan Fierro dba White Diamond
Landscape
Kenneth E. Bumgarner
006729
1044
Oak Tree Removal
450.00
006716
KB082515
Board of Supervisors Meeting 08/25/15
200.00
Kenneth E. Bumgarner
006732
KB091015
Board of Supervisors Meeting 09/10/15
200.00
LLS Tax Solutions, Inc.
006720
000766
650.00
Manatee County Utilities Department
006727
1,879.18
Matthews Eastmoore PA
006736
08/15 MCUD Water
Summary
13507
Arbitrage Rebate Calculation Series 2012
06/26/15
MCUD Water Summary Billing 08/15
Legal Services 08/15
7,239.20
MCSO Off Duty Employment
006737
29200
Administrative Fee 08/15
Persson & Cohen, P.A.
006738
Persson 08/15
Legal Services 08/15
105.00
2,441.22
Waterlefe Community Development District
Paid Operation & Maintenance Expenditures
September 1, 2015 Through September 30, 2015
Vendor Name
Check Number Invoice Number
Invoice Description
Persson & Cohen, P.A.
006738
Persson & Cohen, P.A.
Invoice Amount
Legal Services 08/15-Golf Course
2,478.00
006738
Persson 08/15-Golf
Course
Persson 08/15-Shores
Legal Services 08/15-Shores
2,773.00
Rizzetta & Company, Inc.
006721
2040
District Management Fees 09/15
5,368.49
Rizzetta Amenity Services, Inc.
1755
1755
Payroll ppe 9/04/15, paid 9/11/15
4,476.33
Rizzetta Amenity Services, Inc.
1757
1757
Payroll ppe 9/18/15, paid 9/25/15
4,461.85
Rosalyn Warner
006723
RW082515
Board of Supervisors Meeting 08/25/15
200.00
Rosalyn Warner
006744
RW091015
Board of Supervisors Meeting 09/10/15
200.00
Schappacher Engineering, LLC
006739
S14259
Engineering Services 08/15
SEL Security, Inc.
006728
7125
SEL Security, Inc.
006728
7126
110.00
SEL Security, Inc.
006728
7127
Camera Sys Ext Warranty Main & Back
Gate 09/15
Network Connection for Tag System
09/15
Gate Extended Warranty 09/15
SEL Security, Inc.
006728
7128
Camera Sys/DVR Ext Warranty 09/15
134.00
Stanley C. Schaeffer
006747
29298
Off Duty Services 09/09/15
105.00
Stephanie Lang
006719
082415 CERT
CPR/AED Training
477.38
The Water Works
006742
090415 Water Works
Common Area Backflow
386.26
Waterlefe Golf Club
006724
082415 Golf Club
Reimburse for Radar Sign Shipping
Waterlefe Golf Club
006745
090115 Golf Club
Reimburse for CDD Supplies
647.88
Waterlefe Golf Club
006745
091015 Golf Club
Repairs & Maint for CDD Truck
127.48
William E. Shreve
006740
29199
Off Duty Services 08/30/15
105.00
Report Total
1,425.00
241.00
335.00
61.65
107,748.21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
Tab 7
Tab 8
Waterlefe Field Inspection Report
October 9th, 2015
1. Prune back Salvia annual flower heads as needed to give a consistent height and ability for new
flower to rejuvenate.
2. Trim around landscape lighting along Upper Manatee berm so they are not obstructed.
3. Remove Jasmine growing up Oak trees on Upper Manatee berm.
4. Monitor new Oaks installed on south wall and warranty after a month if they do not start
improving.
5. Clear drains at entrance and exit of community and use pavers 5 feet down on each side to
create better drainage.
6. Cut off tow straps around the base of the older Oaks along the south wall to relieve pressure.
7. Trim back Philodendrons along sidewalk and bridge on north side of Upper Manatee berm.
8. Do a better job removing litter in beds during each service.
9. Still weeds throughout the community that need to be addressed.
10. Pull declining Juniper at the round-about islands under the Philodendron.
11. Treat grassy weeds in Juniper and Indian Hawthorn beds.
12. Remove the braces on the rest of the Oak trees and Bald Cypress trees throughout the
community.
13. Trim the Croton on the main median island going to the club house down a foot.
14. Trim back Pepper Trees on Discovery sides.
15. Need to perform Quarterly OTC injections to the Date Palms.
16. Look at removing vines and weedy material on berm at Big Bass, East of Rainbow.
17. Clean area on right side of common ground before you enter The Watch.
18. Remove declining Indian Hawthorn on Foggy Morn by The Watch II.