Agenda Packet - Fiddler`s Creek CDD #1

Transcription

FIDDLER’S CREEK
COMMUNITY DEVELOPMENT
DISTRICT #1
REGULAR MEETING
AGENDA
January 27, 2016
Fiddler’s Creek Community Development District #1
2300 Glades Road, Suite 410W●Boca Raton, Florida 33431
Phone: (561) 571-0010●Fax: (561) 571-0013●Toll-free: (877) 276-0889
ATTENDEES:
Please identify yourself each
time you speak to facilitate
accurate
transcription
of
meeting minutes.
January 20, 2016
Board of Supervisors
Dear Board Members:
The Board of Supervisors of the Fiddler’s Creek Community Development District #1 will hold
a Regular Meeting on Wednesday, January 27, 2016 at 8:00 a.m., at the Fiddler’s Creek Club
and Spa, 3470 Club Center Boulevard, Naples, Florida 34114. The agenda is as follows:
1.
Call to Order/Roll Call
2.
Public Comments: Non-Agenda Items (3 minutes per speaker)
3.
Special Counsel Update
4.
Developer’s Report
5.
Engineer’s Report
6.
Update: Highview Roost Road Zoning [excerpted] (for informational purposes)
7.
Approval of Minutes
A.
November 18, 2015 Regular Meeting
B.
December 9, 2015 Regular Meeting
8.
Action Items
9.
Other Business
10.
Staff Reports
A.
District Counsel
B.
District Manager
C.
i.
Approval of Unaudited Financial Statements as of December 31, 2015
ii.
NEXT MEETING DATE: February 24, 2016 at 8:00 A.M.
Operations Manager
Boards of Supervisors
January 27, 2016 Regular Meeting Agenda
Page 2
11.
Supervisors’ Requests
12.
Adjournment
Should you have any questions, please do not hesitate to contact me directly at 239-464-7114.
Sincerely,
Chesley E. Adams, Jr.
District Manager
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MINUTES OF MEETING
FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT #1
A Regular Meeting of the Board of Supervisors of the Fiddler’s Creek Community
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Development District #1 was held on Wednesday, November 18, 2015 at 8:00 a.m., at the
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Fiddler’s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida 34114.
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Present at the meeting were:
Phil Brougham
Gerald Bergmoser
Richard Peterson
Robert Slater
Charles Turner
Chair
Vice Chair
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Chuck Adams
Cleo Crismond
Terry Cole
Tony Pires
Carrie Robinson (via telephone)
Tony DiNardo
Ron Albeit
Mike Charbonneau
Larry Douglas
District Manager
Assistant Regional Manager
District Engineer
District Counsel
Tobin & Reyes, P.A., Litigation Counsel
Developer
The Foundation
The Foundation
LandCare
FIRST ORDER OF BUSINESS
Mr. Adams called the meeting to order at 8:00 a.m., and noted, for the record, that all
Supervisors were present, in person.
Mr. Adams presented a revised agenda for the Board’s consideration.
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On MOTION by Mr. Brougham and seconded by Mr.
Bergmoser, with all in favor, the revised November 18, 2015
agenda, was approved.
SECOND ORDER OF BUSINESS
Public Comments: Non-Agenda Items (3
minutes per speaker)
There being no public comments, the next item followed.
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FIDDLER’S CREEK CDD #1
November 18, 2015
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THIRD ORDER OF BUSINESS
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#1 and CDD #2, concluded yesterday. The U.S. Bank and ITG hearing to Dismiss the Amended
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Counterclaim, filed by CDD #1, was held on October 29, 2015. It was a three-hour hearing,
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which reconvened for an all day hearing that was held yesterday and concluded. At the start of
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the hearing, the judge announced that he would not rule from the bench and requested that all
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parties provide proposed orders, for use in formulating his ruling.
Ms. Robinson indicated that the hearing on the multiple motions to dismiss, filed by CDD
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Ms. Robinson reported that arguments were presented on the Motion to Dismiss the
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CDD’s corrected amended counter claim. Opposition was presented and the judge requested
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proposed orders from all sides, for consideration, within 15 days, with a ruling thereafter. The
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judge did not anticipate ruling prior to Thanksgiving.
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Ms. Robinson felt that the all day hearing proceeded well.
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In response to Mr. Brougham’s question, Ms. Robinson indicated that the judge did not
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set a deadline to rule on the proposed orders but this judge typically moves quickly, due to
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calendar issues. She anticipated a ruling within one week of providing the orders to the judge.
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***Ms. Robinson left the meeting.***
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FOURTH ORDER OF BUSINESS
There being no report, the next item followed.
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Engineer’s Report
FIFTH ORDER OF BUSINESS

Update: SR 951 Traffic Signal Installation and Consideration of Final Payments
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***This item, previously the Sixth Order of Business, was presented out of order.***
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Mr. Cole reported that the SR 951 traffic signal is operating and the actuation time
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approaching the signal, while exiting out of Fiddler’s Creek, is fast. Mr. Brougham estimated 15
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seconds for the current actuation time but expected the timing to be lengthened. Mr. Cole
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indicated that the county will increase the timing on the through traffic, approximately 30 to 60
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seconds. Mr. Brougham pointed out that the signal provides a gap for Championship Drive
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exiting onto SR 951 North.
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Mr. Brougham reported that, on opening day, the traffic signal was activated at 11:02
a.m., and by 11:10 a.m., a southbound traffic accident occurred.
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November 18, 2015
Mr. Cole advised everyone to use caution when the traffic signal turns green, as drivers
are not accustomed to stopping.
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Mr. Cole presented Draw #99, for approximately $100,010.45, for the Series 2005 A/B
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bonds, for work related to the traffic signal, including final payment to the contractor. All
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punchlist items were completed, with the exception of the retainage.
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Associates (David Plummer) was substantially completed with the work, as the signal was
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operational on November 2, 2015 and the 90-day burn-in period started. The contractor will be
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responsible for the traffic signal until February 2, 2016, when the burn-in period ends; on
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February 2, 2016, it will be turned over to the county.
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David Plummer &
Mr. Brougham asked when CDD #2 will start receiving invoices. Mr. Cole replied when
the retainage is released.
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Bergmoser, with all in favor, Draw #99, for the Series 2005 A/B
bonds, for work related to the SR 951 traffic signal, in a not-toexceed amount of $100,010.45, was approved.
Mr. Cole reported that the lake bank erosion project was proceeding. Rainfall caused
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lake levels to rise but levels are currently dropping; however, additional rainfall is expected. The
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contractor cut the bags on several lakes, this week, and restoration is anticipated to be completed
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in two weeks. Before the meeting, Mr. Cole received a question about other lake banks that may
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need erosion repairs, specifically, Lake 15, between Harbor Cove and Mulberry Lane. The lakes
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in Phase 5 will be inspected and prioritized, based on erosion severity, including Lake 15.
In response to Mr. Brougham’s question, Mr. Cole confirmed that erosion was on the
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northeast and east sides of Lake 15 but he will inspect the entire lake bank.
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SIXTH OFDER OF BUSINESS
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
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Update:
SR
951
Traffic
Signal
Installation and Consideration of Final
Payments
This item was discussed during the Fifth Order of Business.
Fire Hydrants
***This item was an addition to the agenda.***
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November 18, 2015
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At the last meeting, Mr. Brougham asked Mr. Cole to submit a list of reputable, local
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contractors to flush, maintain and replace fire hydrants and forward the information to the HOAs.
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Mr. Cole will provide a copy to Mr. Adams or Mr. Albeit.
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Mr. Brougham reminded Mr. Albeit that the HOA is responsible for maintaining,
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repairing and painting the fire hydrants at the Sales Center, Whisper Trace, Cascada, Cranberry,
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Deer Crossing and the Clubhouses.
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turnover process, their meters were turned over to East Naples Spa and, subsequently, to the
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county; therefore, the hydrants are the county’s responsibility.
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The only exception is Montreux because, during the
Mr. Albeit explained that Montreux was designed and permitted as a subdivision, not a
sub-development.
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SEVENTH ORDER OF BUSINESS
Discussion:
Pavement
Restoration
(District Engineer to provide under
separate cover)
Summary of Plans
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Recommendations
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Timetable
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Estimated Costs
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Reserves/No Reserves
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Bond Issuance: Pros and Cons
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Financing Options
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Mr. Cole presented a budget projection and map delineating District maintained
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roadways.
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Referring to the budget projection, Mr. Cole identified the following segments:
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Segment 1: Fiddler’s Creek Parkway from the main entry to Championship Drive,
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which was constructed in 1995. Asphalt restoration is estimated to cost $400,320
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and projected to be completed in 2018.
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Segment 2: Championship Drive to CDD #1 boundary, which was constructed in
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2004. Asphalt restoration is estimated to cost $129,260 and projected to be
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completed in 2025.
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Mr. Cole indicated that four roads are projected to be completed in 2018, based on
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roadway degradation and the amount of traffic. Fiddler’s Creek Parkway and Championship
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November 18, 2015
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Drive receive a significant amount of construction traffic; however, the construction traffic was
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recently rerouted. The remaining roads will be completed in 2025 and 2035. Cherry Oaks Trail
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and Cherry Oaks Lane were constructed in 2003 or 2004 but resurfaced, two years ago, by Waste
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Management, due to an oil spill. These roads are not anticipated to be resurfaced until 2035, as
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they are local roads. The 2018 roadway segments were estimated at $701,204; $609,743 plus a
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15% contingency of $91,000, to cover inspection, bidding, construction and special services.
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The 2025 roadway segments will cost $509,643 and the 2035 roadway segments will cost
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$47,472.
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Regarding the restoration work, Mr. Cole explained the difference between a full milling
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and an edge milling. A full milling will be completed on Fiddler’s Creek Parkway because both
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lanes slope in one direction. An edge milling will be completed on a two-lane local street or
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crown roadway and entails milling a few feet along the valley gutter or curb before applying the
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overlay over the crown. Striping will also be completed.
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Mr. Brougham recommended building a reserve, during Fiscal Year 2017, for the 2018
restoration, or issuing a bond.
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Mr. DiNardo inquired about the cost of issuing a bond.
Mr. Brougham estimated
$700,000. Mr. DiNardo expected the bond to cost $1 million including the cost of issuance.
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Mr. Adams pointed out that a bond was not under consideration, as it did not make sense
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to complete all three phases at one time. He suggested increasing assessments to build a reserve
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or financing a private placement loan and collect, going forward.
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In response to Mr. Bergmoser’s question, Mr. Cole indicated that the costs were based on
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2015 dollars and current prices for the paving work, in CDD #2, and other projects. Mr.
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Bergmoser asked if some work can be extended. Mr. Cole replied no, because many areas,
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particularly between Mulberry Lane and Championship Drive, have cracked pavements but it is
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possible for Mulberry Lane and Championship Drive to last another three to four years.
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Mr. Bergmoser hoped that the heavy truck traffic in and out of Runaway Bay ceases
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soon, as trucks are causing the roads to deteriorate. Mr. Cole concurred. Mr. Bergmoser asked
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when the roads in Runaway Bay would need full replacement. Mr. Cole estimated three to five
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years.
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Mr. Turner asked why Mulberry Lane was delayed to 2025 and Isla Del Sol was
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scheduled for 2018, as Mulberry Lane was developed before Isla Del Sol. Mr. Cole indicated
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that the north and south roadways were developed before the interior Isla Del Sol roads and,
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November 18, 2015
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depending on the condition, the roads slated for 2018 could be pushed out. Mr. Turner voiced
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concern that Mulberry Lane was pushed too far out and recommended scheduling them for 2018.
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Mr. Brougham concurred.
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Mulberry Lane does not have heavy construction traffic.
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comparison, the traffic volume on Fiddler’s Creek Parkway and Championship Drive and
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Mulberry Lane are vastly different.
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Mulberry Lane from 2025 to 2018. Mr. Cole replied no.
Mr. Cole will analyze the recommendation but explained that
Mr. Brougham noted that, in
Mr. Brougham asked if Mr. Cole preferred changing
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Mr. Turner asked if a contingency is included for the price of oil. Mr. Cole indicated that
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a 15% contingency is contemplated; 10% for technical items and 5% for miscellaneous items,
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such as the price of oil.
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Mr. Brougham felt that it was beneficial to have funds in place now, as obtaining a
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secured loan is a lengthy process. Mr. Adams pointed out that reserving funds would necessitate
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an increase in assessments.
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In response to Mr. DiNardo’s question, Mr. Cole indicated that three years remained in
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the lake bank erosion project. Mr. Adams advised that the asphalt restoration will commence at
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the conclusion of the lake bank erosion project. Mr. Brougham voiced concern that the District
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will be burdened with the $200,000 remaining for the lake bank erosion project and another
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$250,000 to establish a reserve.
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Mr. Cole suggested spending $400,000 or $500,000 for the first segment and deferring
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$200,000 or $300,000 to the following year. Mr. Adams recommended completing Fiddler’s
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Creek Parkway first and apportioning $200,000 annually over the next several years.
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Mr. Bergmoser recommended grouping the roads into high, medium and low priorities
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and spreading the cost over several years, versus borrowing money or issuing bonds. He felt that
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Championship Drive was worse than Fiddler’s Creek Parkway, due to heavy traffic. Mr. Cole
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disagreed.
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Mr. Slater preferred to issue a special assessment of $700, per property to restore the
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2018 roads.
Mr. Brougham disagreed, as it would impact the residents’ operation and
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maintenance (O&M) assessment on the tax bill. Mr. Adams clarified that it would be a one-time
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fee.
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Mr. Slater agreed with restoring Fiddler’s Creek Parkway and Club Center Boulevard but
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not Mulberry Lane and Mahogany Bend Drive, as Mulberry Lane is a private road. Mr. Albeit
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clarified that Mulberry Lane is not a private road, as it was paid for with CDD bonds, and the
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November 18, 2015
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remaining roads were paid for by the developer. Mr. Adams noted that some roads recently
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transferred to the District.
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Mr. Brougham recommended contacting the Whisper Trace, Bent Creek and Peppertree
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HOAs about contributing funds. He is willing to have the contractor mill and pave Peppertree to
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save the HOA money by using the same contractor.
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Mr. Albeit suggested repaving The Foundation parking lot in 2018 and perhaps The
Foundation can piggy back with the CDD.
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Mr. Cole reported that, in CCD #2, the second lift of asphalt was completed in Aviamar,
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Phase 5, Unit 2, at the same time as Callista. By doing this, the developer was able to take
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advantage of a lower unit price for asphalt. The work was completed at the same time but there
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were different contracts.
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Mr. Brougham requested that the Board discuss reserving funds at the June meeting,
during the budget review of 2016.
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EIGHTH ORDER OF BUSINESS
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Foundation.
Consideration of Access Control Services
Renewal Agreement with The Foundation
Mr. Brougham presented the Access Control Services Renewal Agreement with The
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Mr. Brougham asked if the revised agreement was provided. Mr. Adams did not have the
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revised front page but will attach it to the final document. The effective date was changed to
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October 27, 2015.
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In response to Mr. Brougham’s question, Mr. Adams indicated that the additional guard
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for the main gate was included under Paragraph 3(B). Mr. Brougham asked if there is an
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increase or decrease, over last year, Fiscal Year 2015 for The Foundation’s services. Mr. Adams
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estimated a $30,000 increase, which includes increasing the hours of the guard to four hours per
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day, for four months.
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Mr. Adams explained that the contract is standard in nature and the only changes were to
the dates, adding a part-time guard at the main gate for four months and the price.
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Mr. Bergmoser asked if the $598,000 total was for both CDDs. Mr. Adams replied
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affirmatively. Mr. Bergmoser asked if CDD #1’s share was included in the budget. Mr. Adams
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confirmed that the budget included this amount.
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November 18, 2015
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In response to Mr. Bergmoser’s question, Mr. Charbonneau advised that a Sheriff’s
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Deputy is in the community once per week. Ms. Crismond clarified that the Sheriff’s Deputy is
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onsite two days per week, four hours per day, for six months, in season, commencing November
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1, 2015.
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Mr. Peterson asked if the budget for access control, for Fiscal Year 2016, is $368,204.
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Mr. Adams indicated that this amount is CDD #1’s portion. Mr. Peterson asked if the $598,000,
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quoted in the contract, is shared on the same percentage basis. Mr. Adams replied affirmatively,
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noting that the Sheriff’s Deputy is an additional $10,000. In response to Mr. Peterson’s question,
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Mr. Adams confirmed that CDD #2’s percentage changed in Fiscal Year 2016, based on an
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increase in the number of units.
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On MOTION by Mr. Turner and seconded by Mr. Peterson,
with all in favor, the Access Control Services Renewal
Agreement Addendum with The Foundation, was approved.
NINTH ORDER OF BUSINESS
Discussion: Crime Insurance Coverage
Mr. Adams reported that Wrathell, Hunt and Associates, LLC (WHA) carries $1 million
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in employee crime insurance but does not have the ability to increase the limit; however, the
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District has the option to reinsure, up to $1 million. The policy covers employees, specifically,
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Mr. Adams and Mr. Wrathell, officers of the Board but, mainly, Mr. Wrathell, as Treasurer.
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Mr. Adams explained that, in the event of a theft, WHA files the claim and the District
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receives money through WHA’s policy, which covers the amount stolen. Shortages would be
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covered through the District’s policy. The cost for the additional insurance is roughly $800 per
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year.
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Mr. Adams indicated that, each year, the Auditor is required to test the District’s internal
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controls and opine whether they are appropriate for the conditions.
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Mr. Adams explained the following invoice process:
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1.
As invoices are sent to the District, Ms. Crismond reviews and codes them.
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2.
Ms. Crismond transmits the invoices to Ms. Lucy Marte, in Management’s
Accounts Payable Department assigned to Fiddler’s Creek.
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3.
Ms. Marte enters the invoices into an aging report, which is submitted to Mr.
Adams for review and approval.
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4.
November 18, 2015
Ms. Marte prepares the checks and forwards them to the head of Management’s
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Accounting Department for review and execution, before forwarding to the
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Controller, who will either stamp the checks with Mr. Wrathell’s signature or Mr.
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Wrathell will personally sign them
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Mr. Adams advised that comingling those steps could enable a theft to occur; therefore,
we separate the steps and as a result the individual creating the checks cannot execute them.
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In response to Mr. Pires questions, Mr. Adams indicated that the crime policy is a theft
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and dishonesty policy; the aggregate is $1 million and the District is named as an additional
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insured. Mr. Pires asked if the District has professional liability coverage. Mr. Adams replied
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affirmatively. Mr. Adams noted that all of WHA’s clients are named as additional insureds on
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the WHA general liability and secondary policies.
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At Mr. Pires request, Mr. Adams will provide copies of all insurance policies.
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Regarding internal controls, Mr. Pires explained that, depending on the District, a general
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ledger is provided, each month, so that the Board can see the flow of funds. Some Districts
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require the Chair’s signature, which is another layer of internal control, or receive an alert from
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the bank, if a check is issued or a wire transfer is authorized. Mr. Adams noted they do not have
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wire capability on any District operating accounts and any transfer between funds requires Mr.
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Wrathell’s approval. Mr. Pires advised that the District can ask the auditor to indicate whether
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additional internal controls are necessary.
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Mr. Brougham recalled discussion about a software package called Positive Pay®. Mr.
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DiNardo explained that Positive Pay® sends a file to the bank with a list of vendors and the bank
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will only release checks to those vendors. Mr. DiNardo preferred that Management authorize a
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Board Member to send the file to the bank. Mr. Brougham voiced an understanding that the
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person preparing the Positive Pay® file is the same person that is preparing the aging report and
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checks and felt comfortable having additional coverage.
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Mr. Brougham requested that Staff provide a proposal for additional crime insurance, at
the next meeting, and discuss a Board Member signing checks over a specified amount.
Mr. DiNardo recommended that the Board have authority to sign checks. Mr. Adams
advised that the District will have greater coverage if WHA handles the checks.
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Mr. Brougham felt that discussion was warranted for the Board to review internal
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controls and procedures, prior to the end of the year and, at a minimum, consider additional
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insurance.
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November 18, 2015
Mr. Brougham requested that the Treasurer, Mr. Wrathell, prepare a brief presentation on
current controls, strengths and weaknesses, proposed changes and alternatives.
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TENTH ORDER OF BUSINESS
Consideration of Resolution 2016-3,
Authorizing the District Counsel, District
Manager and District Engineer to Enter
into Agreements with Fiddler’s Creek
LLC to Prepare, Submit and Process an
Amendment to the Boundaries of the
District
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boundary change, which is referenced in the Settlement Agreement, for swapping acreage with
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CDD #2.
Mr. Pires presented Resolution 2016-3 for the Board’s consideration. This is the second
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Mr. Cole referred to a map and indicated that areas in blue were moved from CDD #1 to
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future development areas in the east, areas in yellow moved from CDD #2 to CDD #1 and areas
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in red moved from CDD #1 to CDD #2.
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Mr. Brougham estimated that the net effect on CDD #1 was nil. Mr. Cole reported that
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the District lost 47 acres. A portion of Lake 43B will be removed from CDD #1; however, it is
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part of the water management system and must be maintained through easement agreements.
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Mr. Brougham understood that this does not affect the Equivalent Residential Unit (ERU) or
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assessments, which was his primary concern. Mr. Cole concurred. Mr. DiNardo recalled that
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this was agreed to when the deal was made.
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Mr. Pires advised that the details will be included in the Statement of Estimated
Regulatory Costs (SERC) when the hearing is held.
In response to Mr. Brougham’s question, Mr. Pires indicated that all costs related to the
land swap will be borne by the developer.
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Mr. DiNardo requested that the resolution reflect Fishkind & Associates, Inc. (Fishkind),
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as Financial Advisor. Mr. Pires advised that the resolution does not mention Fishkind, it only
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mentions professionals. Mr. Brougham pointed out that Dr. Fishkind is a professional.
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November 18, 2015
On MOTION by Mr. Brougham and seconded by Mr. Turner,
with all in favor, Resolution 2016-3, Authorizing the District
Counsel, District Manager and District Engineer to Enter into
Agreements with Fiddler’s Creek LLC, to Prepare, Submit
and Process an Amendment to the Boundaries of the District,
was adopted.
ELEVENTH ORDER OF BUSINESS
Approval of October 28, 2015 Public
Hearing and Regular Meeting Minutes
Mr. Brougham presented the October 28, 2015 Public Hearing and Regular Meeting
Minutes and asked for any additions, deletions or corrections.
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The following changes were made:
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Lines 222, 224 and 267: Change “Wire” to “Weyer”
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Lines 209 and 210: Delete “(to be provided under separate cover)”
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On MOTION by Mr. Bergmoser and seconded by Mr. Turner,
with all in favor, the October 28, 2015 Public Hearing and
Regular Meeting Minutes, as amended, were approved.
TWELFTH ORDER OF BUSINESS
Action Items
Mr. DiNardo asked when the title work will be completed for the properties that were
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supposed to be turned over to the District in August. Mr. Pires will submit documents at the next
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meeting.
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It was noted that Item 14 was completed and the only remaining item is for Mr. Adams to
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open the account at Iberia Bank. Mr. Brougham requested that this item be removed from the
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Action Item List.
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Items 1, 2, 3, 4, 5, 8, 9 and 12 were continued.
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Items 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 were removed.
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THIRTEENTH ORDER OF BUSINESS
Other Business
There being no other business, the next item followed.
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November 18, 2015
FOURTEENTH ORDER OF BUSINESS
A.
Staff Reports
District Counsel
Mr. Pires received the transcript from last week’s hearing and will send it to the Governor
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and Cabinet.
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B.
District Manager
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i.
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Mr. Brougham presented the Unaudited Financial Statements as of October 31, 2015.
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Regarding the Cash Flow Analysis, Mr. Adams reported that, by this time next month,
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assessment revenues should be flowing into the District.
In response to Mr. Brougham’s question, Mr. Adams indicated that it was not necessary
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Approval of Unaudited Financial Statements as of October 31, 2015
to hold any invoices for this run but it might be necessary to hold one for the next run.
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ii.
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The next meeting will be held on December 9, 2015 at 8:00 a.m.
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C.
NEXT MEETING DATE: December 9, 2015 at 8:00 A.M.
Operations Manager
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Mr. Brougham asked who owns the canopy trees around the perimeter of the community
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pool, just inside the Deer Crossing entrance. Ms. Crismond indicated that the trees belong to the
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CDD and are scheduled to be trimmed this week. She responded to a Condo Board Member, by
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email, about when the contractor was trimming the trees and requested that the Condo Board
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Member close the pool early in the morning. Ms. Crismond will forward the email to Mr.
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Brougham.
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Mr. Brougham was surprised about how many Condo and HOA Board Members do not
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respond to residents, as CDD Board Members continually receive emails from discouraged
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residents.
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Ms. Crismond presented the Operations Report. She reported that the street sweeper
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cleans all roadways on the first Friday, of each month, for $400 per month but only Mahogany
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Bend and Club Center Drive have construction activity. The cost to clean Mahogany Bend and
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Club Center Drive, only, is $150 per month.
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Mr. Brougham felt that the $4,800 could be used elsewhere, as most streets do not need
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cleaning. If a street needs immediate service, Ms. Crismond can contact the street sweeper for a
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spot treatment.
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There was Board consensus to only use the street sweeper, on Mahogany Bend and Club
Center Drive, for $150, per month.
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November 18, 2015
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Mr. Bergmoser noticed that dead trees were being replaced with Cassias and recalled that
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several Cassias were diseased. Ms. Crismond indicated that the Cassias are treatable and the
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trees being replaced were damaged by a storm, in August. Ms. Crismond thought that the
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Cassias were “beautiful” and could not see replacing the Cassias, along SR 951 to the gatehouse,
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with Ligustrums.
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Mr. Bergmoser expressed concern about the diseased Cassias. Ms. Crismond pointed out
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that, as long as the landscape contractor keeps the Cassias well drained, the trees will last another
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ten years.
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Mr. Brougham asked if the landscape contractor will replace the diseased trees, at their
cost. Ms. Crismond replied affirmatively.
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In response to Mr. Brougham’s question, Ms. Crismond indicated that the tree removed
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from the resident lane island, at the gatehouse, on Fiddler’s Creek Parkway, will be replaced with
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a Cassia.
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Mr. Brougham recalled that, two or three years ago, a cost share arrangement was
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discussed with The Rookery, for the Guava trees, on the north side of Club Center Drive, and
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extending the Bougainvillea hedge line. At the time, The Rookery could not afford it. Mr.
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Brougham spoke with Mr. Chris Major and estimates were obtained from several landscapers.
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The cost is approximately $12,000 or $13,000, including removal. Mr. Major agreed to pay the
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removal cost, which is approximately $6,000; however, he wanted to wait until next Spring, as
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there is no irrigation.
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Mr. Bergmoser asked if The Rookery maintains this property. Mr. Brougham indicated
that it is District property, which is maintained by the District.
Mr. Brougham asked Ms. Crismond to check the irrigation, to determine if a line can be
extended, and obtain proposals.
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FIFTEENTH ORDER OF BUSINESS
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270,000 miles.
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Mr. Turner asked about replacement of the extra cruiser car, as it is 11 years old and has
Mr. Adams recalled that a decision was made, at the suggestion of Mr. Charbonneau, to
continue using the Crown Victoria and surplus the Taurus that was being replaced.
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November 18, 2015
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In response to a question, he recalled discussion about the 24-month rotation period on
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the Explorer, which has 68,000 miles. Mr. Charbonneau did not recommend repairing the 2004
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vehicle and suggested budgeting for another vehicle in Fiscal Year 2017.
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Mr. Adams pointed out that the Fiscal Year 2017 budget contemplates replacement of the
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Explorer. The Explorer could then rotate down and the Crown Victoria can be replaced with the
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Explorer.
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Mr. Slater asked if the plants in the islands, entering Fiddler’s Creek Parkway from SR
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951, will be replaced. Ms. Crismond indicated that seasonal flowers will be planted this week.
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Mr. Douglas advised that the top soil will be replaced tomorrow and Friday and new plants will
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be installed the beginning of next week. The Coleus cannot be replaced, as are they are out of
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season.
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SIXTEENTH ORDER OF BUSINESS
Adjournment
There being no further business to discuss, the meeting adjourned.
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Bergmoser, with all in favor, the meeting adjourned at
approximately 9:12 a.m.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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November 18, 2015
___________________________
Secretary/Assistant Secretary
____________________________
Chair/Vice Chair
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MINUTES OF MEETING
FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT #1
A Regular Meeting of the Board of Supervisors of the Fiddler’s Creek Community
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Development District #1 was held on Wednesday, December 9, 2015 at 8:00 a.m., at the
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Fiddler’s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida 34114.
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Present at the meeting were:
Phil Brougham
Gerald Bergmoser
Richard Peterson
Robert Slater
Charles Turner (via telephone)
Chair
Vice Chair
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Chuck Adams
Cleo Crismond
Terry Cole
Tony Pires
Carrie Robinson (via telephone)
Tony DiNardo
Ron Albeit
Mike Charbonneau
Frank Weinberg
Eileen Robertson
Joseph Vaccaro
Allen Kassman
District Manager
Assistant Regional Manager
District Engineer
District Counsel
Tobin & Reyes, P.A., Litigation Counsel
Developer
The Foundation
The Foundation
Resident
Resident
Resident
CDD #2 Resident
FIRST ORDER OF BUSINESS
Mr. Adams called the meeting to order at 8:00 a.m., and noted, for the record, that
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Supervisors Brougham, Bergmoser, Slater and Peterson were present, in person. Supervisor
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Turner was attending via telephone.
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On MOTION by Mr. Slater and seconded by Mr. Bergmoser,
with all in favor, authorizing Mr. Turner’s attendance and full
participation, via telephone, due to exceptional circumstances,
was approved.
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December 9, 2015
SECOND ORDER OF BUSINESS
Public Comments: Non-Agenda Items (3
minutes per speaker)
There being no public comments, the next item followed.
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THIRD ORDER OF BUSINESS
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motions to dismiss. The U.S. Bank and ITG hearing to Dismiss the Amended Counterclaim
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concluded but the court reserved ruling and requested written orders from each party. The
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written orders were submitted last Friday and counsel for U.S. Bank submitted their own order;
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the orders are currently under consideration by the court. The signed order has not been received
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and there is no indication on how the judge is going to rule.
Ms. Robinson reported that, at the last meeting that the hearing concluded on various
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Mr. Brougham asked if the issued order is provided via email or telephone.
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Robinson indicated that the order is provided electronically by the Clerk of Court. All parties
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were asked to email what they wanted in the order, in word format, to the judge’s judicial
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assistant and the judge will create the final order.
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Ms.
Ms. Robinson will immediately provide updates to Mr. Adams and the Board Members,
as requested by Mr. Brougham.
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***Ms. Robinson left the meeting.***
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FOURTH ORDER OF BUSINESS
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
There being no report, the next item followed.
Discussion: Additional Security Guard at Main Gate
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Mr. Brougham recalled that, in late November or early December, there was a large
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backup in the guest lane at the main gate and, at the last meeting, the Board approved an extra
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guard at the main gate, starting in January.
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Mr. Brougham asked Mr. Adams and Mr. Albeit about the extra guard starting, prior to
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the holidays. Mr. Albeit provided a potential start date of December 21, for four hours per day,
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five days per week, including Saturday, December 26, at a cost of $943. Mr. Brougham pointed
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out that the cost will be split between CDD #1 and CDD #2.
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Mr. Adams requested that the Board approve an amendment outlining the increase in the
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December 9, 2015
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Access Control Agreement with The Foundation, to an amount not-to-exceed $599,305, between
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CDD #1 and CDD #2 and authorization for the Chair to execute.
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Bergmoser, with all in favor, amendment of the Access Control
Agreement with The Foundation, increasing the not-to-exceed
amount to $599,305, allowing for the extra guard at the main
gate, four hours per day, five days per week, including
Saturday, December 26, beginning December 21, 2015, was
approved.

Discussion: Speed Bumps
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Mr. Brougham reported that, prior to the meeting, Mr. Frank Weinberg, a resident,
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presented concerns, on behalf of the Mahogany Bend Homeowners Association about speeding
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and asked if the CDD can install speed bumps.
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Mr. Brougham asked if there are legal restrictions for speed bumps. Mr. Cole indicated
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that the county discourages speed bumps but has a guideline and procedure. Mr. Cole believed
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that agreement by a majority of the residents living on the affected street and submittal to the
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county, for review and approval, was required.
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Ms. Eileen Robertson, a resident, pointed out that Mulberry Row residents do not want
speed bumps.
Mr. Brougham requested that Mr. Cole research the county guidelines and procedures
and email the information to Mr. Albeit.
Mr. Peterson serves as President of the Cascada HOA. He advised that most residents
were against them.
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Mr. Allen Kassman, a CDD #2 resident, suggested researching alternatives.
Mr.
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Brougham was hesitant about traffic circles or modifying the current configuration of the road,
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as these are capital items and the CDD has no construction funds.
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Engineer’s Report
FIFTH ORDER OF BUSINESS
Mr. Cole reported that the final inspection of the SR 951 traffic signal was completed last
week. Minor punch list items were noted, which the contractor is handling.
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December 9, 2015
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Mr. Cole indicated that completion of the lake erosion project was delayed because of
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high water levels. He measured the lakes this morning and water levels increased 4” since last
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week, due to the rain. The contractor cannot cut the bags and spread the material until water
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levels drop another 8”.
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Mr. Cole reported that another Waste Management hydraulic spill occurred on Cherry
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Oaks Lane. The length of the spill was 600’ to 700’. The street was repaved two years ago, due
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to a hydraulic spill. The county immediately contacted Waste Management; they attempted to
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pressure wash the street but were unsuccessful. Mr. Cole was on site last Thursday and emailed
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Mr. Dan Rodriguez, at the county. Mr. Rodriguez will follow up with Waste Management. Mr.
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Cole believed that 600’ to 700’ of Cherry Oaks Lane will need to be milled and repaved.
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Mr. Vaccaro felt that milling the cul-de-sac was necessary. Mr. Brougham anticipated
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that power washing would not be successful, as it did not work with the prior hydraulic spill, and
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requested milling the entire roadway and repaving the length of the affected spill.
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Mr. Vaccaro pointed out that some pavers need to be replaced. Mr. Cole reported that
three to four areas of pavers were affected.
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Mr. Pires indicated that Mr. Rodriguez was helpful dealing with the county Solid Waste
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Department. The county can utilize the terms of the Franchise Agreement that the CDD has with
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Waste Management to ensure that the results are satisfactory.
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Mr. Brougham felt that any solution, short of milling and repaving the 600’ to 700’ of
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Cherry Oaks Lane, was unacceptable. Mr. Pires confirmed that this was conveyed to Mr.
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Rodriguez. Mr. Brougham recalled that, the last time this occurred, Waste Management was
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agreeable but their insurance provider was not.
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Mr. Cole reported that a 25’ section of valley gutter on Cherry Oaks Lane needs replacing
and the CDD is responsible, per the terms of the agreement.
In response to Mr. Brougham’s question, Mr. Cole confirmed that the valley gutter is
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structurally cracked and failing.
Ms. Crismond and Mr. Cole obtained quotes and Ms.
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Crismond’s proposal was lower than Mr. Cole’s. Mr. Cole recommended that the valley gutter
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be replaced before the paving.
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Mr. Brougham inquired about the status of the deed for Cherry Oaks Lane. Mr. Pires
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advised that the deed was sent to the developer for execution. Mr. Brougham stated that no work
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will be completed on the road until the deed is executed.
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December 9, 2015
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Mr. Cole submitted a list of reputable, local contractors to flush, maintain and replace fire
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hydrants to Mr. Albeit, at Mr. Brougham’s request. Mr. Cole will provide a list of communities
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with backflow assemblies.
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Mr. Brougham will contact the Fire Department about painting the fire hydrants.
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Mr. Brougham asked if OnPower’s check for $100,010.45 was processed. Mr. Cole
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confirmed that it was sent. Mr. Adams requested a copy of the draw, as he had not seen it. Mr.
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Brougham indicated that the draw was presented by Mr. Cole, two meetings ago. Mr. Adams
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recalled that the Board delayed approval of the draw and he never received it. Mr. Cole will
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follow up with OnPower.
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SIXTH OFDER OF BUSINESS
Consideration of Florida Insurance
Alliance Proposal of Insurance Coverage
(with Additional Crime Coverage)
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and Associates, LLC (WHA). Mr. Adams indicated that the coverage is for the District, as WHA
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carries $1 million in employee crime coverage.
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shortages, once the WHA policy is exhausted.
Mr. Brougham asked if the additional crime coverage is for the District or Wrathell, Hunt
The additional insurance will cover any
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In response to Mr. Peterson’s question, Mr. Adams indicated that the insurance carrier is
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Florida Insurance Alliance (FIA). Mr. Peterson asked if Egis Insurance & Risk Advisors (Egis)
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provides the general liability policy. Mr. Adams replied affirmatively.
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Mr. Slater asked if the District has crime coverage. Mr. Adams replied not on the
District’s policy but on WHA’s policy, as WHA’s employees perform transactions.
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Mr. Brougham asked why a debris removal expense of $250,000 is included under
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“Extension of Coverage” and when the District can file a debris removal claim. Mr. Adams
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explained that the debris removal expense relates to structural debris, such as the gatehouse,
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which is an insurable expense. It does not include landscaping, which is an uninsurable asset.
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Mr. Peterson asked if the items listed under “Extension of Coverage” were peril
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coverages. Mr. Adams replied affirmatively. The rider was related specifically to crime, as
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outlined on Page 4 of the policy. Mr. Adams pointed out that Page 3 should have been omitted.
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Mr. Brougham felt that the premium was inexpensive for the amount of coverage. Mr.
Adams believed that $800 for $1 million of crime coverage, is a good use of funds.
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December 9, 2015
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Mr. Slater voiced confusion about having four different types of crime coverage, equating
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to $4 million. Mr. Adams explained that the limit is $1 million each in coverage for forgery and
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alteration, theft, disappearance and destruction. Mr. Slater pointed out that theft, disappearance
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and destruction is another $1 million and refused to accept the proposal, based on the way it was
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written. Mr. Adams explained that the $1 million limit is for each category under “Description”.
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Mr. Slater disagreed. Mr. Pires agreed with Mr. Slater and suggested that clarification be
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provided on the aggregate coverage and whether it is per occurrence. Mr. Pires commented that
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this is the vaguest proposal he has ever seen.
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Mr. Adams explained that WHA’s crime coverage is first because WHA is under contract
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with the District and the District is an additional insurer under WHA’s policy. Mr. Pires advised
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that the policy does not state that and recalled Mr. Adams saying that the District is the actual
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insurer, not WHA. Mr. Adams stated that this policy is for the District but under WHA’s
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contract for performing management services for this District. The accountants at WHA are an
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additional insured, so WHA’s crime coverage would hit first. Mr. Pires stated “the policy does
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not say that”.
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Mr. Brougham asked Mr. Pires to email recommendations to Mr. Adams and for Mr.
Adams to respond to the broker, requesting modification of the policy.
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Mr. Brougham pointed out the limited potential for crimes to be committed by people
other than the District management company. Mr. Adams agreed.
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Mr. Turner was as confused by the policy as Mr. Slater and felt that it was missing
crucial information on the peril coverage. Mr. Adams will provide the details.
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Mr. Pires recalled that, under the District Management Agreement, WHA is required to
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carry $1 million in professional liability coverage. Mr. Adams confirmed that WHA has $1
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million in professional liability coverage and crime coverage.
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In response to Mr. Brougham’s question, Mr. Adams indicated that the liability coverage
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is $1 million per occurrence, $2 million aggregate, including public officers’ insurance for the
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Board.
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Mr. Pires requested that the next agenda include the revised insurance policy. Mr.
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Adams will email the entire policy to the Board and Staff, as it is 100 pages long. Mr. Brougham
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asked Staff to provide a one-page summary of coverage.
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Mr. Adams will ask Mr. Mark Grimmel, of Egis, to attend the next meeting. Mr. Pires
suggested that Mr. Grimmel provide an outline for the Board, prior to the meeting.
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December 9, 2015
SEVENTH ORDER OF BUSINESS
Continued Discussion: Check Writing
Controls Procedures
Review of Current Internal Control Procedures
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Mr. Adams recalled that, at the last meeting, the invoice process and procedures,
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specifically relating to receiving, processing and paying invoices, were discussed. He provided a
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detailed summary of all accounting procedures for the District, which is typically provided to the
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auditors and insurance carriers.
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Mr. Adams reiterated the invoice process:
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When invoices are received, Ms. Crismond reviews the invoices and codes them.
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The vast majority are sent to the field office, with the exception of the utility bills,
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which are paid immediately.
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Accounts Payable Department, assigned to Fiddler’s Creek.
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Ms. Crismond transmits the invoices to Ms. Lucy Marte, in Management’s
Ms. Marte enters the invoices into an aging report, which is submitted to Mr.
Adams for review and execution.
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Ms. Marte prepares the checks and forwards them to the head of Management’s
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Accounting Department for review and execution, before forwarding them to the
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Controller, for execution.
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Mr. Adams pointed out that the agenda contains monthly financials, which have
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comparisons to the prior month and year-to-date. The financials are prepared by Ms. Marte,
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reviewed by the head of Management’s Accounting Department, with final review by the
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Controller, prior to inclusion in the agenda package.
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Mr. Adams noted that the duties are segregated and, if fraud were to occur, it would
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entail collusion among multiple people. WHA has been in business for ten years and is fully
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insured. No theft claims were ever filed. Mr. Adams stated that this is the most important
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service that WHA provides to their clients; therefore, employees are motivated and incentivized
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to ensure that controls are in place.
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Mr. Adams reported about a company that recently experienced a situation where an
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employee created a bogus company and paid that bogus company, which they were a party to.
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Mr. Adams reassured the Board that this would not happen with WHA, due to having multiple
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layers in the chain of command.
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December 9, 2015
In response to Mr. Brougham’s question, Mr. Adams indicated that the auditors perform
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Auditors come to WHA’s office and pull a random batch of
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testing on internal controls.
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documents to test the controls. Mr. Brougham asked if this was referenced in the last audit
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report. Mr. Adams confirmed that, in the last audit report, the auditor noted their review of the
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internal controls. Mr. Pires advised that the Board can request a detailed analysis from the
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auditor, at an additional cost.
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Mr. Brougham asked if the Fiscal Year 2015 audit commenced. Mr. Adams replied
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affirmatively, noting that the goal is to have the audit completed by the end of March, unless
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something unusual happens with the litigation.
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Review of Positive Pay Program
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This item was not discussed.
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EIGHTH ORDER OF BUSINESS
Other Business
There being no other business, the next item followed.
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NINTH ORDER OF BUSINESS
A.
Staff Reports
District Counsel
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Mr. Pires is handling the Cherry Oaks conveyance and Waste Management spill issue.
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Mr. Brougham asked about the status of the Scrivener’s error on the boundary change.
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Mr. Pires is working on the recommendations and conclusions and circulating a draft to Mr. van
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Assenderp.
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Regarding the title work for the land swap between CDD #1 and CDD #2, Mr. Pires
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reported that various parties submitted proposals to the developer to perform services; a response
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is pending.
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Mr. Pires reported on the subpoena from Naples Lending. Since the District filed an
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objection, the scope was narrowed and records were provided. He is working with Mr. Adams
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and Mr. Cole on this matter.
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Mr. Brougham asked if Mr. Pires received clarification of why the District is a party to
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the litigation. Mr. Pires advised against further discussion until a closed door session was held.
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B.
District Manager
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December 9, 2015
Mr. Adams indicated that, since the meeting was moved two weeks, the November
financials could not be provided.
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In response to Mr. Brougham’s question, Mr. Adams reported that cash remained
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positive, based on a check run approved last week. A major flush of cash is expected, next week.
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Mr. Adams explained that, typically, the District receives 70% of its annual receipts in
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December.
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Mr. Brougham asked if Mr. Adams opened the account at Iberia Bank. Mr. Adams is
waiting for the paperwork.
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The next meeting will be held on January 27, 2016 at 8:00 a.m.
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C.
NEXT MEETING DATE: January 27, 2016 at 8:00 A.M.
Operations Manager
Ms. Crismond presented the Operations Report.
She met with LandCare and,
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subsequently, met with The Foundation on November 23, 2015 regarding ongoing white fly
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issues with White Fly. The Foundation was provided with a recommended treatment/application
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schedule from LandCare’s subcontractor.
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associations, so all treatments are applied at the same time.
This will be shared with all neighborhood
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In response to a question, Ms. Crismond indicated that a chemical list was provided to
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Mr. Albeit yesterday. Mr. Albeit will disseminate the chemical list and recommendations to all
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Property Managers.
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Mr. Brougham asked if all villages have a formalized contract and treatment program.
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Mr. Albeit indicated that some villages are completing treatments, as needed. Mr. Slater noted
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that single-family neighborhoods do not have contracts. Mr. Albeit pointed out that this is the
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reason why the Property Managers were given this responsibility.
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Mr. Slater observed palm fronds and leaves on Saturday, when LandCare is not in the
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community, and Mr. Slater asked if LandCare can have a crew clean up debris on Saturday’s
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when necessary. Ms. Crismond will add this to the contract specifications under “Special
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requirements”, making it mandatory under the new contract moving forward. LandCare is
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supposedly picking up debris every morning and at the end of the day, five days per week.
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Mr. Slater voiced his opinion that LandCare waits too long to replace dead plants, which
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is embarrassing. He approached LandCare and was told that this could not be planned. Mr.
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Slater noted that Verandah has pristine landscaping that is continually replaced. Ms. Crismond is
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meeting with LandCare, after the CDD #2 meeting, to discuss this issue. Mr. Slater believed that
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December 9, 2015
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the dead plants should be replaced, immediately, at LandCare’s expense.
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concurred.
Ms. Crismond
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Mr. Brougham requested that Ms. Crismond stress to LandCare that it is one thing to
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replace material but another to have to replace dead plants. He felt that LandCare is lacking with
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the replacement of dead plants by not having a “dead plant patrol” or anyone available to plant.
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Mr. Turner asked what the landscaping contract requires and if LandCare is violating any
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terms of the contract or if the contract should be amended. Ms. Crismond indicated that the
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contract cannot be amended but recalled that the contract requires dead plant replacement within
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seven days; she will verify the contract terms. Mr. Brougham asked if the seven days is from the
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time of notification.
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mechanism for reporting dead plants. Mr. Brougham indicated that any landscape issues should
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be reported to Ms. Crismond, via email. Mr. Turner asked if a reminder should be placed on the
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Fiddler’s Creek website or in an e-blast, as residents asked about the process for reporting dead
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plants. Mr. Brougham asked Mr. Albeit to include a notice on The Foundation website stating
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that Ms. Crismond should be contacted regarding dead plants.
Ms. Crismond replied affirmatively.
Mr. Turner asked about the
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Mr. Slater thanked Ms. Crismond and the Board for replacing the trees in Bent Creek.
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Mr. Brougham voiced concern that cleanup issues and dead plant replacements were
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ongoing instances and contemplated giving LandCare a Notice of Deficiency, if they were in
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violation of the contract terms. He pointed out that the Board has a high standard for the
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community regarding landscaping, which is what LandCare promised to uphold. Mr. Brougham
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asked Ms. Crismond to email the Board with LandCare’s response to the dead plant issue. Mr.
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Pires agreed with sending a Notice of Deficiency.
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Mr. Brougham requested that the Notice of Deficiency state, “This notice is being issued
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due to LandCare’s general lack of diligence with respect to the identification and replacement of
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dead plant material, which is not being performed to the Board’s expectations and must be
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corrected within the next 30 days.”
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There was consensus from the Board for Ms. Crismond to send a Notice of Deficiency to
LandCare.
In response to Mr. Peterson’s question, Ms. Crismond confirmed that LandCare’s
contract was signed one year ago and is a two-year contract.
Mr. Peterson asked if LandCare was known as TruGreen at the time the contract was
signed. Ms. Adams recalled that a name change occurred several years ago.
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December 9, 2015
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Ms. Crismond advised that the Board can terminate LandCare, at any time. Mr. Adams
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pointed out that LandCare’s contract can be amended, with approval, to include additional
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services and costs. Mr. Peterson wondered how much LandCare would charge the District to
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provide additional services.
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Mr. Brougham agreed that Mr. Peterson’s concern is valid and recommended the
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following steps:
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1.
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Ensure that LandCare is abiding by the current landscaping contract. If not, send
a Notice of Deficiency.
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2.
Validate that the contract with LandCare is enforceable.
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3.
Consider an amendment to the contract.
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Mr. Brougham recommended that the contract not be amended until the deficiencies are
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satisfied.
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Mr. Slater asked if the payment checks to the landscaping company are made out to
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LandCare or TruGreen. Mr. Adams replied LandCare. Mr. Slater inquired if a letter was sent to
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the District, effectuating the name change. Mr. Adams will check the District’s records for a
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letter or assignment.
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Mr. Vaccaro asked if LandCare is required to provide monthly reports to the District.
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Ms. Crismond indicated that LandCare provides a monthly Excel punch list of work to be
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performed and completed items. Mr. Vaccaro asked if there are many outstanding items. Ms.
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Crismond replied no. Mr. Brougham pointed out that the punch list does not identify the
356
mowing and edging. Mr. Vaccaro felt that LandCare’s foreman, Larry, was “collateral damage”.
357
Mr. Brougham agreed, noting that, between the villages and the Districts, Larry is overwhelmed
358
and things are “falling through the cracks”. Mr. Vaccaro pointed out that LandCare serviced
359
Cherry Oaks and they are in the process of replacing LandCare with Greenscapes, which
360
maintains the RV Park.
361
362
Mr. Brougham requested sending a Notice of Deficiency to LandCare and, if there is no
improvement, terminating LandCare.
363
Mr. Albeit agreed but did not blame the employees of LandCare, as they follow the
364
direction of the foreman. He felt that the foreman was not providing proper direction. Mr.
365
Brougham agreed.
366
Ms. Crismond stated that key employees at LandCare were advised to tour the property.
11
December 9, 2015
367
Mr. Bergmoser asked if Ms. Crismond noticed a change in the attitude of the crew, since
368
the name change. Ms. Crismond indicated that the attitude of past foremen have been, “we
369
cannot do this”.
370
Mr. Brougham believed that the Board must hire contractors that meet the high standards
371
of the District and residents and, if the low bidder is not doing the job, the Board must hire
372
another service provider. Ms. Crismond recalled that TruGreen previously increased their bid to
373
bring it in line with the market and the Board renewed the contract, with a warning that the
374
Board was monitoring their progress.
375
Mr. Brougham asked if the Board was aware of increasing landscaping costs and CDD #2
376
paying significantly more for landscaping. Mr. Albeit indicated that TruGreen increased their
377
bid by 51% and charged separately for the white fly treatment.
378
379
Mr. Brougham asked Ms. Crismond to notify LandCare about this discussion and issue a
Notice of Deficiency.
380
381
382
383
TENTH ORDER OF BUSINESS
There being no Supervisors’ requests, the next item followed.
384
385
386
387
ELEVENTH ORDER OF BUSINESS
388
a.m.
389
390
391
392
393
394
Adjournment
There being no further business to discuss, the meeting adjourned at approximately 9:01
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
12
395
396
397
398
399
400
401
402
403
December 9, 2015
___________________________
Secretary/Assistant Secretary
____________________________
Chair/Vice Chair
13
ACTIVE ACTION ITEMS
Action Item status updates to be provided prior to or at the meeting.
MEETING
DATE
ADDED
1. 12/11/13 Per Mr. Brougham’s direction, Mr. Cole, Mr. Pires and Ms. Crismond are
responsible for providing Mr. Adams with a status update of their items, so Mr.
Adams can update the “Action Items” list. STATUS: ONGOING
2. 12/11/13 Going forward, Mr. Adams to ensure that information is disseminated to all Board
Members, not just Mr. Brougham. STATUS: ONGOING
3. 09/24/14 Per Mr. Brougham’s direction, Mr. Cole to ensure he received and that all
invoices were paid prior to closing out the signal installation project, including
legal, engineering, design contracting and procurement. STATUS: ONGOING
4. 11/19/14 Per Mr. Brougham, Staff to communicate anything of major importance to
residents, via the Foundation, such as about the tree removal referenced by Ms.
Robertson, so that residents are aware of what will occur.
STATUS:
ONGOING
5. 02/25/15 Per Mr. Brougham’s instructions, Mr. Cole is to email Management of any
significant events or delays related to the traffic signal installation project;
Management to disseminate the information to the Board.
STATUS:
ONGOING
6. 06/24/15 Per Mr. Brougham, Ms. Crismond to include an informational item in the
Operations Report, if an “out-of-the-ordinary” project was completed. STATUS:
ONGOING
7. 11/18/15 Mr. Cole will verify erosion issues on Lake 15. STATUS: COMPLETED
(subsequent to 11/18/15 meeting)
8. 11/18/15 Mr. Cole will compile a list of reputable, local contractors that flush, maintain and
replace fire hydrants. STATUS: COMPLETED (subsequent to 11/18/15
meeting)
9. 11/18/15 Mr. Adams will email copies of all insurance policies to Mr. Pires. STATUS:
COMPLETED (subsequent to 11/18/15 meeting)
10. 11/18/15 Mr. Brougham directed Management to obtain proposals for additional crime
insurance and present at the next meeting, include a discussion item on the next
agenda regarding a Board Member signing a check over a specific amount and the
Treasurer prepare a brief presentation on current controls, strengths and
weaknesses, proposed changes and alternatives. STATUS: COMPLETED
(subsequent to 11/18/15 meeting)
1
ACTIVE ACTION ITEMS
MEETING
DATE
ADDED
11. 11/18/15 Per Mr. DiNardo, Mr. Pires will present title documents at the next meeting for
properties that were turned over to the District in August. STATUS:
12. 11/18/15 Per Mr. Brougham, Ms. Crismond will forward the email regarding the canopy
tree trimming. STATUS: COMPLETED (subsequent to 11/18/15 meeting)
13. 11/18/15 The Board directed Ms. Crismond to discontinue street sweeping all roads, with
the exception of Mahogany Bend and Club Center Drive. STATUS:
14. 11/18/15 Per Mr. Brougham, Ms. Crismond to check the irrigation on the north side of
Club Center Drive. STATUS: COMPLETED (subsequent to 11/18/15
meeting)
15. 12/09/15 Per Mr. Brougham, Mr. Cole will research the county guidelines and procedures
on speed bumps and email the information to Mr. Albeit. STATUS: ONGOING
16. 12/09/15 Mr. Cole will provide a list of communities that have backflow assemblies.
STATUS: ONGOING
17. 12/09/15 Mr. Brougham will contact the Fire Department about painting the fire hydrants.
STATUS: ONGOING
18. 12/09/15 Mr. Cole will follow-up with OnPower on the $100,010.45 draw for the traffic
signal. STATUS: ONGOING
19. 12/09/15 Per Mr. Brougham, Mr. Pires will email recommendations on the additional crime
coverage to Mr. Adams. Mr. Adams will request that the broker modify the
policy and provide further detail on the peril coverage. Mr. Adams will email the
entire policy to the Board and Staff and provide a one-page summary of coverage.
Mr. Adams will ask Mr. Mark Grimmel, President of Egis, to attend the next
meeting. STATUS: ONGOING
20. 12/09/15 Mr. Albeit will provide the chemical list provided by the District Landscape
Contractor for white fly and recommendations to all Property Managers.
STATUS: ONGOING
21. 12/09/15 Ms. Crismond will request that Landcare have a crew clean up storm debris on
Saturday’s as necessary and will add to LandCare’s contract, via addendum, along
with any other items, under “Special requirements”. STATUS: ONGOING
2
ACTIVE ACTION ITEMS
MEETING
DATE
ADDED
22. 12/09/15 Mr. Albeit will include a notice on The Foundation’s website stating that Ms.
Crismond should be contacted regarding dead plants. STATUS: ONGOING
23. 12/09/15 Per Mr. Brougham, Ms. Crismond will send a Notice of Deficiency to LandCare
regarding their failure to replace dead plants and pick up debris. STATUS:
24. 12/09/15 Mr. Adams will check the District’s records for a letter or assignment regarding
TruGreen changing their name to LandCare. STATUS: ONGOING
3
COMPLETED ACTION ITEMS
MEETING DATE
MOVED TO
COMPLETED
1. 10/28/15 Mr. Brougham directed LandCare to identify areas of concern, relay the
information and recommendations to Ms. Crismond and for Ms. Crismond to
present it to the Board for consideration. STATUS: ONGOING
2. 10/28/15 Dead trees in Bent Creek should be replaced this week, weather permitting.
STATUS: COMPLETED
3. 10/28/15 Per Mr. Brougham’s direction, Mr. Herndon (Mr. Douglas) to provide Ms.
Crismond with photographic evidence of the downed cassia trees. STATUS:
COMPLETED
4. 10/28/15 Regarding painting sign post and light post on Mahogany Bend, Cleo will present
this item for consideration, at the next meeting, once another quote is received.
STATUS: COMPLETED
5. 10/28/15 Per Mr. Brougham’s direction, Ms. Crismond to hire a contractor to complete the
faxahatchee trimming project and deduct the cost from LandCare’s contract.
STATUS: COMPLETED
6. 10/28/15 Per Mr. Pires’ suggestion, Ms. Crismond to send a Defective Work Notice to
Landcare advising that September 30, 2015 is the deadline for completing the
fakahatchee grass trimming and, if not completed, the District will retain a certain
amount to hire another contractor. STATUS: COMPLETED
7. 11/18/15 Per Mr. Brougham, Mr. Adams to remind Mr. Reyes and Ms. Robinson to provide
Management with an update if anything significant occurs in the litigation.
STATUS: COMPLETED
8. 11/18/15
Mr. Turner asked to tour the community with Ms. Crismond. STATUS:
COMPLETED
9. 11/18/15
Regarding the cashflow analysis presented by Mr. Adams and Mr. Brougham’s
opinion that a cash position of $40,000 at the end of the calendar year was too
tight, Mr. Brougham directed Management pay close attention, in the fall, to
which expenses must actually be paid and which could be delayed. STATUS:
COMPLETED
10. 11/18/15
Mr. Adams to update the cashflow analysis monthly. STATUS: COMPLETED
11. 11/18/15
Mr. Brougham wanted a presentation by Mr. Cole and Mr. Adams, at the
October meeting, regarding the experiences of other CDDs with respect to
roadway reserves. Mr. Adams will provide the Board with a sample reserve
study of roads and infrastructure that he completed for another CDD. STATUS:
COMPLETED
4
MOVED
TO
COMPLETED
12. 11/18/15
Mr. Brougham recalled that, on April 30, 2015, it was reported that the top of the
street lamp, at 7666 Mulberry, was on the ground and, since then, it was stolen
and the street light still does not work because there is no top. Mr. Brougham
directed Ms. Crismond to have it repaired by next week. STATUS:
COMPLETED
13. 11/18/15
Mr. Adams will contact Mr. DiNardo regarding the boundary matter and
potential reimbursement of the expenses to change to Wilmington Trust for
trustee services and email the Board Members with his findings. STATUS:
COMPLETED
14. 11/18/15
Mr. Pires will present the final line of credit package from Iberia Bank, for
consideration, at the next meeting. STATUS: COMPLETED
15. 11/18/15
Mr. Brougham will contact the Greater Naples Fire District representative
regarding a hidden fire hydrant that was not painted.
STATUS:
COMPLETED
16. 11/18/15
Payment of Draw #99 deferred to the November 4, 2015 continued meeting. Mr.
Cole to attend and discussion of whether or what amount the District must pay,
prior to certification of the project, will be at the beginning of the continued
meeting. STATUS: COMPLETED
17. 11/18/15
Mr. Cole preparing a summary of the pavement restoration plans,
recommendations, when repairs might be necessary and the estimated costs; once
completed, the summary will be sent to Mr. Adams. STATUS: COMPLETED
18. 11/18/15
Mr. Brougham directed Management to include discussion of the pavement plans
on the next agenda, including a discussion of reserves and no reserves, pros and
cons of issuing bonds and all financing options. STATUS: COMPLETED
19. 11/18/15
Active Action Item 15 was not completed, as the tree died; the word “relocated”
should be changed to “replaced” and “COMPLETED” changed to “ONGOING”.
STATUS: COMPLETED
20. 11/18/15
Mr. Brougham directed Mr. Adams to provide a copy of Management’s crime
policy. Mr. Adams will email the policy to Mr. Brougham. STATUS:
COMPLETED
21. 11/18/15
Mr. Brougham directed Management to include a discussion item on the next
agenda regarding the “positive pay” procedure described by Mr. DiNardo.
STATUS: COMPLETED
5
MOVED
TO
COMPLETED
22. 11/18/15
Regarding private fire hydrants that HOAs are responsible for, Mr. Brougham
directed Mr. Cole to located reputable, local contractors to flush, maintain and
replace hydrants and provide the information to the HOAs. STATUS:
COMPLETED
23. 11/18/15
Mr. Brougham directed Staff to include an action item regarding fire hydrant
maintenance, pipes, etc., for discussion at the next meeting. STATUS:
COMPLETED
6
FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #1
FINANCIAL STATEMENTS
UNAUDITED
DECEMBER 31, 2015
FIDDLER'S CREEK
BALANCE SHEET
GOVERNMENTAL FUNDS
DECEMBER 31, 2015
General
001
ASSETS
Operating accounts
SunTrust
Broward Bank of Commerce - MMA
Finemark - MMA
Finemark - ICS
Investments
Revenue
Reserve - series A
Sinking
Prepayment - 2002B exchange
Interest - 2002B exchange
Due from other funds
Due from Fiddler's Creek CDD #2
Deposits
Total Assets
LIABILITIES & FUND BALANCES
Liabilities:
Accounts payable
Due to other funds
General fund 001
On Power Svc retainage
Landshore Enterprises retainage
Preferred Material retainage
Total liabilities
Fund balances:
Assigned:
Debt service
Capital projects
Unassigned
Total fund balances
Total liabilities and fund balance
Debt Service Debt Service Debt Service Debt Service Debt Service Debt Service
Series 2013 Series 2013 Series 2014-1 Series 2014-2 Series 2014-3 Series 2014-4
Capital
Total
Refunded
Refunded
Refunded
Refunded
Refunded
Refunded
Projects
Governmental
1999
2006
2002B
2002A
2005
2005
Series 2005
Funds
$ 1,509,150
75,857
1,392
166,719
$
128,803
23,404
5,125
$ 1,910,450
810,286
433,531
$ 1,243,817
$
$
122,171
-
-
$
-
$
488,035
25,006
513,041
$
-
$
-
$
469,528
2
392
1
469,923
$
-
$
-
$
8,915
8,915
$
-
$
-
$
-
$
-
$
-
$
-
$ 1,509,150
75,857
1,392
166,719
1,776,764
458,537
2
392
1
128,803
23,404
5,125
$ 4,146,146
$
-
$
-
$
-
$
11,918
$
134,089
36,792
14,441
5,283
178,687
-
-
-
-
-
-
128,803
140,721
128,803
36,792
14,441
5,283
319,408
1,731,763
1,731,763
$ 1,910,450
1,243,817
1,243,817
$ 1,243,817
513,041
513,041
513,041
469,923
469,923
469,923
8,915
8,915
8,915
-
-
(140,721)
(140,721)
$
- $
2,235,696
(140,721)
1,731,763
3,826,738
4,146,146
$
$
$
$
$
1
FIDDLER'S CREEK
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
GENERAL FUND 001
FOR THE PERIOD ENDED DECEMBER 31, 2015
Current
Month
REVENUES
Assessment levy
Developer assessment
Interest
Miscellaneous
Total revenues
EXPENDITURES
Administrative
Supervisors
Management
Assessment roll preparation
Accounting services
Audit
Legal
Legal - litigation
Engineering
Engineering - FC parkway traffic signal
Telephone
Postage
Insurance
Printing and binding
Legal advertising
Office supplies
Annual district filing fee
Trustee
Arbitrage rebate calculation
Contingencies
Dissemination agent
Total administrative
Field management
Field management services
Total field management
Water management maintenance
Other contractual
Fountains
Total water management maintenance
Street lighting
Contractual services
Electricity
Holiday lighting program
Miscellaneous
Capital outlay - traffic signal
Total street lighting
$
Year To
Date
Budget
% of
Budget
1,570,384
51,453
111
1,050
1,622,998
$ 1,799,525
154,359
259
2,135
1,956,278
$ 2,220,477
617,437
2,200
15,000
2,855,114
81%
25%
12%
14%
69%
1,077
5,044
25,490
1,647
6,121
265
5,577
1,072
55
761
55
95
947
48,206
3,230
15,131
25,490
4,941
16,872
265
5,577
1,072
165
929
19,582
165
5,858
17
175
295
2,842
102,606
12,918
60,525
25,490
19,764
15,100
25,000
50,000
20,000
659
2,000
20,351
659
1,000
750
175
15,500
4,000
22,000
11,369
307,260
25%
25%
100%
25%
0%
67%
1%
28%
N/A
25%
46%
96%
25%
586%
2%
100%
0%
0%
1%
25%
33%
2,186
2,186
6,559
6,559
26,237
26,237
25%
25%
40,228
2,946
43,174
59,244
8,400
67,644
415,393
60,000
475,393
14%
14%
14%
2,132
3,389
112,130
117,651
2,132
6,654
112,285
121,071
17,500
33,000
12,000
1,500
64,000
12%
20%
0%
0%
N/A
189%
2
FIDDLER'S CREEK
GENERAL FUND 001
Current
Month
Landscaping
Other contractual - landscape maintenance
Improvements and renovations
Contingencies
Total landscaping
Access control
Rentals and leases
Fuel
Repairs and maintenance - parts
Repairs and maintenance - gatehouse
Insurance
Operating supplies
Capital outlay
Total access control
Roadway
Roadway maintenance
Total roadway
Irrigation supply
Electricity
Repairs and maintenance
Supply system
Total irrigation supply
Other fees & charges
Property appraiser
Tax collector
Total other fees & charges
Total expenditures
Excess/(deficiency) of revenues
over/(under) expenditures
Fund balances - beginning
Fund balances - ending
$
Year To
Date
Budget
% of
Budget
146,951
8,058
155,009
228,781
10,433
239,214
985,000
145,000
35,600
1,165,600
23%
7%
0%
21%
40,805
1,390
551
2,248
3,442
48,436
54,985
1,390
1,353
2,865
5,111
7,538
73,242
368,204
23,453
9,684
4,539
15,131
6,566
27,236
12,105
466,918
15%
0%
14%
30%
19%
78%
28%
0%
16%
399
7,105
7,504
798
53,095
53,893
5,000
110,000
115,000
16%
48%
47%
11
239
10,856
11,106
11
350
19,612
19,973
750
1,500
134,200
136,450
1%
23%
15%
15%
31,407
31,407
464,679
33,084
35,991
69,075
753,277
34,695
46,260
80,955
2,837,813
95%
78%
85%
27%
1,158,319
1,203,001
17,301
573,444
1,731,763
528,762
$ 1,731,763
$
651,165
668,466
3
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 1999)
Current
Month
REVENUES
Assessment levy
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Principal prepayment
Total debt service
Property appraiser
Tax collector
Total expenditures
$
Year To
Date
636,634
6
636,640
$
% of
Budget
Budget
729,527
20
729,547
$ 900,221
900,221
81%
N/A
81%
-
91,200
10,000
101,200
685,000
182,400
867,400
0%
50%
N/A
12%
12,732
12,732
12,732
13,412
14,591
28,003
129,203
14,066
18,755
32,821
900,221
95%
78%
85%
14%
623,908
600,344
-
619,909
1,243,817
643,473
$ 1,243,817
636,623
$ 636,623
4
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 2006)
REVENUES
Assessment levy
Interest
Total revenues
EXPENDITURES
Debt service
Principal
Interest
Total debt service
Property appraiser
Tax collector
Total expenditures
Current
Month
Year To
Date
Budget
% of
Budget
$ 391,177
1
391,178
$ 448,256
3
448,259
$ 554,407
554,407
81%
N/A
81%
-
27,097
10,000
37,097
480,000
54,194
534,194
0%
50%
N/A
7%
7,823
7,823
7,823
8,261
8,965
17,226
54,323
8,663
11,550
20,213
554,407
95%
78%
85%
10%
383,355
393,936
-
129,686
$ 513,041
119,105
$ 513,041
112,400
$ 112,400
5
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-1 (REFUNDED SERIES 2002B)
REVENUES
Assessment levy: on-roll - net
Misc Income
Interest
Total revenues
EXPENDITURES
Debt service
Principal
Interest
Total debt service
Property appraiser
Tax collector
Total expenditures
Current
Month
Year To
Date
$ 387,893
12,587
1
400,481
$ 444,492
12,587
14
457,093
-
7,758
7,758
7,758
392,723
77,200
$ 469,923
% of
Budget
Budget
$
548,373
548,373
81%
N/A
N/A
83%
194,278
380,000
574,278
165,000
363,381
528,381
0%
53%
N/A
109%
8,170
8,890
17,060
591,338
8,568
11,424
19,992
548,373
95%
78%
85%
108%
(134,245)
604,168
$ 469,923
-
$
215,065
215,065
6
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-2 (REFUNDED SERIES 2002A)
Current
Month
REVENUES
Assessment levy
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
$
Year To
Date
Budget
-
$ 388,953
1
388,954
$ 1,107,906
1,107,906
35%
N/A
35%
-
388,953
388,953
330,000
777,906
1,107,906
0%
50%
35%
-
1
-
8,915
8,915
$
8,914
8,915
$
% of
Budget
8,913
8,913
7
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-3 (REFUNDED SERIES 2005)
Current
Month
REVENUES
Assessment levy
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
$
Year To
Date
Budget
-
$ 219,450
219,450
$ 593,900
593,900
37%
37%
-
219,450
219,450
155,000
438,900
593,900
0%
50%
37%
-
-
-
-
$
-
$
% of
Budget
2,243
2,243
8
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-4 (REFUNDED SERIES 2005)
Current
Month
REVENUES
Assessment levy
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
$
Year To
Date
Budget
-
$ 231,750
231,750
$ 623,500
623,500
37%
37%
-
231,750
231,750
160,000
463,500
623,500
0%
50%
37%
-
-
-
-
$
-
$
% of
Budget
2,367
2,367
9
FIDDLER'S CREEK
CAPITAL PROJECTS FUND SERIES 2005
Current
Month
REVENUES
Total revenues
EXPENDITURES
Capital outlay
Total expenditures
$
Year To
Date
-
$
-
-
-
-
-
(140,721)
$ (140,721)
(140,721)
$ (140,721)
10

Agenda Packet - Fiddler`s Creek CDD #1

Transcription

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