Fiddler`s Creek CDD #1

Transcription

FIDDLER’S CREEK
COMMUNITY DEVELOPMENT
DISTRICT #1
REGULAR MEETING
AGENDA
March 25, 2015
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.
March 18, 2015
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, March 25, 2015 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: Litigation Proceedings
4.
Developer’s Report/Update
5.
Engineer’s Report
6.
Update: SR 951 Traffic Signal Installation
7.
Continued Discussion: Establishment of Emergency Line of Credit
8.
Consideration of Resolution 2015-4, Classifying Surplus Tangible Personal Property and
Authorizing Disposition of Surplus Tangible Personal Property; Providing a Severability
Clause; and Providing an Effective Date
9.
Consideration of Lake Bank Erosion Repair Proposals (to be provided under separate
cover)
10.
Approval of Minutes
A.
February 25, 2015 Regular Meeting
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B.
11.
Action Items
March 6, 2015 Continued Meeting
Other Business
Boards of Supervisors
March 25, 2015, Regular Meeting Agenda
Page 2
12.
Staff Reports
A.
Attorney
B.
Manager
C.
i.
Approval of Unaudited Financial Statements as of February 28, 2015
ii.
NEXT MEETING DATE: April 22, 2015 at 8:00 A.M.
Operations Manager
13.
Supervisors’ Requests
14.
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
RESOLUTION 2015-4
A RESOLUTION BY THE BOARD OF SUPERVISORS OF
THE FIDDLER’S CREEK COMMUNITY DEVELOPMENT
DISTRICT #1 CLASSIFYING SURPLUS TANGIBLE
PERSONAL PROPERTY; AUTHORIZING DISPOSITION
OF SURPLUS TANGIBLE PERSONAL PROPERTY;
PROVIDING
A
SEVERABILITY
CLAUSE;
AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Fiddler’s Creek Community Development District #1 (the “District”) is
a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes,
for the purpose of providing, operating and maintaining infrastructure improvements, facilities
and services to the lands within the District; and
WHEREAS, as such, the District is a governmental unit within the meaning of Chapter
274, Florida Statutes (“Governmental Unit”); and
WHEREAS, the Board of Supervisors of the Fiddler’s Creek Community Development
District #1 owns certain tangible personal property as more fully described in Exhibit “A”,
attached herein, and
WHEREAS, the District desires to classify the Surplus Property as surplus tangible
personal property, and to determine that the continued use of the Surplus Property is
uneconomical, inefficient to maintain, and/or serves no useful function; and
WHEREAS, the District desires to dispose of the Surplus Property as appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE FIDDLER’S CREEK COMMUNITY
DEVELOPMENT DISTRICT #1;
SECTION 1. INCORPORATION OF RECITALS. All of the representations, findings and
determinations contained within the recitals stated above are recognized as true and accurate and
are expressly incorporated into this Resolution.
SECTION 2. CLASSIFICATION OF SURPLUS TANGIBLE PERSONAL PROPERTY. The
District hereby classifies the Surplus Property as surplus tangible personal property, and hereby
determines that the continued use of the Surplus Property is uneconomical, inefficient to
maintain, and/or serves no useful function.
SECTION 3. DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY. The District
hereby directs and authorizes staff to dispose of the Surplus Property as appropriate.
SECTION 4. SEVERABILITY. The invalidity or unenforceability of any one or more
provisions of this Resolution shall not affect the validity or enforceability of the remaining
portions of this Resolution, or any part thereof.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon the
passage and adoption by the Board of Supervisors of the Fiddler’s Creek Community
Development District #1.
PASSED AND ADOPTED this 25th day of March, 2015
ATTEST:
FIDDLER’S CREEK COMMUNITY
DEVELOPMENT DISTRICT #1
Secretary/Assistant Secretary
Chair/Vice Chair
EXHIBIT “A”
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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, February 25, 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
Rick Reyes (via telephone)
Tony DiNardo
Ron Albeit
Kevin Cook
Tre Hilzymer
Rick Herndon
Jesse Fritz
District Manager
Assistant Regional Manager
District Engineer
District Counsel
Tobin & Reyes, P.A., Litigation Counsel
Developer
The Foundation
TruGreen Landcare
TruGreen Landcare
TruGreen Landcare
Resident
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.
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SECOND ORDER OF BUSINESS
Special Counsel Update:
Proceedings
Litigation
***This item, previously the Third Order of Business, was presented out of order.***
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Mr. Reyes recalled that a hearing was scheduled for last Monday, with respect to the
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bondholders’ Motion for Punitive Damages; it was anticipated that the District could pursue its
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FIDDLER’S CREEK CDD #1
February 25, 2015
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punitive damages claim thereafter.
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procedural issues that U.S. Bank raised and the court is requiring the bondholders to amend their
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lawsuit to allege some different allegations. Mr. Reyes requested an executive session to discuss
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strategies that the District should pursue, given the outcome of the Monday hearing.
The Board agreed to continue today’s meeting to Friday, March 6, 2015 at 3:00 p.m., at
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He indicated that the hearing was continued due to
this location, to hold an executive session.
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Mr. DiNardo indicated that CDD #2 sent a letter to the CEO of U.S. Bank and asked if
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the letter is public information. Mr. Reyes replied affirmatively. Mr. DiNardo asked if anything
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transpired, as a result of that letter. Mr. Reyes believed that the parties agreed to meet but the
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date and location are undetermined.
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***Mr. Reyes left the meeting.***
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THIRD ORDER OF BUSINESS
***This item, previously the Second Order of Business, was presented out of order.***
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Public Comments: Non-Agenda Items (3
minutes per speaker)
There being no public comments, the next item followed.

Discussion: TruGreen Landcare Performance
Mr. Brougham discussed the Board’s frustration with the performance of TruGreen
Landcare (TruGreen).
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Mr. Tre Hilzymer, Branch Manager of TruGreen’s Naples, Florida office, indicated that
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TruGreen wants consistency and is seeking strategies that do not result in a Defective Work
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Notice (DWN). He acknowledged items in a recent DWN that required TruGreen’s attention but
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voiced his opinion that TruGreen was properly addressing other items in the DWN.
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Mr. Kevin Cook, Regional Manager of TruGreen, indicated that Mr. Rick Herndon was
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hired about six months ago to address these situations; however, it took time for Mr. Herndon to
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become familiar with the District but he now understands the landscaping needs. He discussed
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the seasonal issues and confirmed that TruGreen addressed the issues, including spraying,
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replacing sod, etc.
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February fertilization is underway.
Mr. Cook indicated that fertilization was completed in November and
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Mr. Cook stated that Mr. Herndon is on property every day and fully understands the
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District’s needs. He felt that, from a maintenance standpoint, the progress is obvious and plans
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February 25, 2015
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and schedules are in place to address items. Mr. Cook expressed his confidence that Mr.
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Herndon will perform well this year.
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Mr. Brougham believed that, if TruGreen has a plan and the necessary manpower, the
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District should not have to issue any more DWNs. He recalled that the contract has specific
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terms and suggested that TruGreen be more proactive.
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Mr. Slater noted the poor appearance of the marigolds.
Mr. Cook indicated that
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TruGreen follows the annual program of The Foundation. The Foundation completes four
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flower rotations each year, while the CDD completes two. Mr. Cook pointed out that The
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Foundation recommended marigolds but, once the CDD installed them, The Foundation removed
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its marigolds; TruGreen tried to extend the life of the District’s marigolds. Mr. Cook stated that
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he received approval today to replace the marigolds.
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In response to Mr. Brougham’s question, Mr. Cook advised that it is not expensive to add
a flower rotation; adding a third flower rotation would be good.
Mr. Peterson identified bougainvillea impacted by caterpillars and asked if they would be
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replaced or sprayed.
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bougainvilleas in spring by pruning them back. Ms. Crismond estimated that a flower rotation
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costs $900.
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rotations per year. Mr. Cook indicated that TruGreen will submit separate work orders for the
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additional flower rotations.
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Mr. Cook indicated that TruGreen will attempt to rejuvenate the
Mr. Brougham directed Ms. Crismond and TruGreen to perform four flower
***Mr. Hilzeyer, Mr. Cook and Mr. Herndon left the meeting.***
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Developer’s Report/Update
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FOURTH ORDER OF BUSINESS
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Once the fountain in front of Marsh Cove is completed, a gate will be installed and no
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construction traffic will enter at that location. He identified a location of the construction gates.
Mr. DiNardo reported that the construction entrance should be completed in March.
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Mr. DiNardo stated that Fiddler’s Investor CDD, LLC, sold the Series 2014-1 bond; it is
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encumbered on the 112 units owned by Ashton Woods. He anticipated that those lots will be on-
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roll next year.
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Mr. Peterson asked if it was possible for the Runaway Bay construction traffic to use the
construction entrance. Mr. DiNardo replied no.
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February 25, 2015
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Mr. Brougham referred to the prospective use of recovered bond construction funds and
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noted reading in the CDD #2 meeting minutes that CDD #2’s bond funds could be used for the
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security system enhancements and asked if the bondholders would be agreeable to making the
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security system the third priority, if the funds are recovered. Mr. DiNardo confirmed that the
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concept can be discussed with the bondholders.
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Engineer’s Report
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FIFTH ORDER OF BUSINESS
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Department of Transportation (DOT). Once the permit was received, the mast arms were
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ordered and will be green galvanized steel. Mr. Brougham asked if the county will maintain and
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repaint the mast arms. Mr. Cole replied affirmatively and added that, if any warranty issues arise
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within the five-year warranty, those would be covered. Mr. Adams advised the Board to be
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prepared for the District to pay to maintain the mast arms to the District’s standards; another
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CDD assumed responsibility for painting its traffic signal mast arms because the city would not
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paint them as frequently as the CDD wanted.
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Mr. Cole reported that the permit for the SR 951 traffic signal was received from the
Mr. Cole summarized that the mast arms were ordered, physical works should commence
in May; the project should be completed and the traffic signal operational by the end of summer.
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Mr. Cole recalled sod replacement work underway in the SR 951 right-of-way (ROW),
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south of the Fiddler’s Creek Parkway entrance; he tried to contact someone. Ms. Crismond
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stated that the District should be reimbursed for the sod damage and replacement but the county
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contractor refused to take responsibility.
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Mr. Brougham asked when the striping and reflector replacement project will commence.
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Mr. Cole advised that the project for the CDD #2 roadways will go out to bid at the end
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of March; his plan is to have the lowest responsive bidder price the CDD #1 striping work, if it is
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performed simultaneously with the CDD #2 work.
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competitive because the contractor would not have to mobilize twice.
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He felt that the price would be more
Mr. Brougham felt that all striping should be refreshed. Mr. Cole indicated that the
crosswalks, center lines, reflective pavement markers, etc. will be included.
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SIXTH ORDER OF BUSINESS
Update:
SR
Installation
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951
Traffic
Signal
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February 25, 2015
This item was discussed during the Fifth Order of Business.
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SEVENTH ORDER OF BUSINESS
Discussion: Petition for Rule Amendment
to Correct Legal Description
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the District’s boundaries. He explained that, as a result, a tract of land in the northern portion,
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reflected in Exhibit A-1, was described within the boundaries of CDD #1; however, it should be
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within the boundaries of CDD #2. Mr. Pires indicated that, due to the size of the District, an
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amendment to correct this error must go before the Governor and Cabinet and there must be a
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public hearing on the matter. He advised that, once filed, this petition would initiate the process
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to correct the Scribner’s error.
Mr. Pires recalled that there were Scribner’s errors in a few of the legal descriptions of
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Mr. Pires noted that Young van Assenderp, P.A. (YVA), agreed to pay the filing fee for
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the petition and YVA has not billed the District for any work related to this matter; he believed
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that YVA would not bill the District. In response to Mr. Brougham’s question, Mr. Pires
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indicated that the only cost to the District, in this matter, would be his legal fees, which will be at
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a reduced rate.
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Mr. Brougham asked if the purpose of the amendment is to correct the boundary
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description in the official Development of Regional Impact (DRI) document. Mr. Pires replied
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no; it is to change the Florida Administrative Code Rule describing the boundaries of the
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District.
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Mr. Slater asked for confirmation that the documents do not contain any areas that the
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District will begin accepting; he wanted to ensure that both documents are consistent. Mr. Pires
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stated that the areas are consistent.
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On MOTION by Mr. Peterson and seconded by Mr.
Bergmoser, with all in favor, authorization for the Chair to
execute documents related to the Petition for Rule Amendment
to Correct Legal Description, was approved.
Mr. Pires will forward the petition to Mr. Brougham for execution.
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February 25, 2015
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EIGHTH ORDER OF BUSINESS
Consideration of Resolution 2015-03,
Accepting the Transfer of Various South
Florida Water Management District
Permits to CDD #1; and, Authorizing the
Chairman to Execute Request for
Conversion of Said South Florida Water
Management District Permits from
Construction Phase to Operation Phase
and Transfer of Referenced Permits to
CDD #1
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Florida Water Management District (SFWMD) permits from the developer to the CDD; the
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conversion would be from the construction phase to the operational phase. He advised that
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approximately 20 permit applications, listed in Exhibit “A”, refer to different SFWMD basin
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areas. Mr. Cole referred to the basin map and stated that all of the permits applications are for
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areas within CDD #1. He provided a permit conversion and transfer form, along with an
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Engineer’s Certification statement; once Resolution 2015-03 is executed, it will be submitted
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with all of the documentation. The SFWMD will issue letters converting the permits to CDD #1
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for operation and maintenance (O&M).
Mr. Cole indicated that Resolution 2015-03 is for the conversion and transfer of South
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Mr. Brougham questioned the impact on the District, as the District has been “pulling
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water” since 1996. Mr. Cole explained that Mr. Brougham’s question relates to a water use
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permit, which is different; this matter involves the surface water management system. Mr. Cole
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summarized that the transfer puts the permits in the District’s name, legally, as the O&M entity.
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Mr. Brougham asked what liabilities are transferred to the District.
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Mr. Pires stated that, under SFWMD rules, the permittee is responsible for complying
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with the SFWMD permits until such time as the operating permits are transferred to another
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entity. He explained that, once CDD #1 becomes the O&M entity, it is liable to ensure that the
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lake surface water management systems are operating in compliance with the SFWMD rules and
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plans and specifications for the project. Mr. Pires recalled that the SFWMD notified many
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CDDs who were operating the surface water management systems, without being the permittee,
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and advising them that the CDDs must have the permits transferred or risk $10,000 per day fines
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for operating a system without a permit.
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Mr. Brougham asked if there were any implications when the District embarked on lake
erosion repairs.
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February 25, 2015
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Mr. Cole recalled that the lake erosion repairs were completed in CDD #1 because the
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developer, as part of an area in CDD #2, received a violation notice. As a result, the District
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embarked on a program to inspect all of the lakes and prioritized the repairs. He indicated that
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the permits for CDD #2 were transferred about two years ago. Mr. Cole advised SFWMD that
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CDD #2 had a phase in program; therefore the SFWMD transferred the permits to CDD #2. He
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confirmed that CDD #1 never received a violation for erosion; the District is being proactive in
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repairing the erosion issues.
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Mr. Cole indicated that the Phase 4 request for proposal (RFP) document is being
prepared.
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Mr. Brougham summarized that, if CDD #1 chooses not to agree to the permit transfer, it
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would be at risk of being fined for operating a system without a permit. It was noted that the
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transfer will not have a financial impact on the District, as CDD #1 has been maintaining the
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system for many years.
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On MOTION by Mr. Bergmoser and seconded by Mr.
Peterson, with all in favor, Resolution 2015-03, Accepting the
Transfer of Various South Florida Water Management District
Permits to CDD #1; and, Authorizing the Chairman to Execute
Request for Conversion of Said South Florida Water
Management District Permits from Construction Phase to
Operation Phase and Transfer of Referenced Permits to CDD
#1, was adopted.
Regarding the traffic signal installation project, Mr. Brougham asked Mr. Cole to email
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the Board of any significant events or delays.
Ms. Crismond advised Mr. Cole to notify
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Management and Management will forward the information to the Board.
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A question was raised regarding whether a certain area of SR 951 will remain rough
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blacktop or if it would receive a smooth coating. Mr. Cole stated that he must inspect the area
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and check with the paving contractor; it is possible that the final lift was not installed.
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***Mr. Cole left the meeting.***
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NINTH ORDER OF BUSINESS
Consideration
of
Emergency Line
Iberiabank
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Establishing
an
of Credit with
February 25, 2015
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Mr. Brougham reviewed the term sheet provided by Iberiabank. He explained that it is a
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starting point for the District to proceed and define the loan documents needed to cement the
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terms and conditions of the loan. Mr. Brougham summarized that Iberiabank is willing to
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advance a $500,000 line of credit to the District to be used for emergency purposes and secured
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by the District’s ability to impose O&M assessments and to obtain loans.
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Mr. Pires pointed out that, as a governmental entity, some items on the term sheet do not
apply to the District.
Regarding the 12-month loan term, Iberiabank advised Mr. Brougham of the following:
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“The standard way of these lines of credits is on a 12-month term with
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monthly interest-only payments on principal and any unpaid interest due a
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maturity. This is not like a ‘working capital line of credit’ that requires a 30-day
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rest period at some time during the 12-month term. They are subject to renewal
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on an annual basis with updated financial information obtained. We will work
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with the Board in the event that there is a balance owed at maturity ‘end of the
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12-month term’ that cannot be immediately repaid, as in the situation you
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mentioned. If the line is funded due to an emergency situation, close to the
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maturity date and you do not have sufficient time to implement a special
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assessment, the Board would have options. We could look at keeping the renewal
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on an interest-only payment but with scheduled principal pay downs quarterly or
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monthly, or, we could look at converting it to a term loan with regular monthly
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principal and interest payments made over an agreed upon length of time, or, a
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special assessment could be put in place, in which case we could do a short term
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renewal until the assessments are collected and we would work with you on how
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best to approach this based on the circumstances.”
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Mr. Brougham felt that these types of terms and conditions should be included in the loan
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document and approved by the Board.
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Mr. Slater questioned the possibility of making this a term loan, as a long-term line of
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credit makes more sense than a short-term line. He noted that the District would incur additional
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costs every time the term expires.
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Mr. Brougham stated that Iberiabank implied an automatic renewal upon presentation of
the District’s financial documents. Mr. Pires felt that a longer term loan could be obtained.
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A Board Member voiced his opinion that, since the line of credit is intended for a
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catastrophic event, the amount should be at least $1 million. Mr. Adams stated that the line of
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credit gives the District immediate access to money for clean up and an additional loan could be
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sought, once the recovery costs are determined. Mr. Pires and Mr. Adams confirmed that
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$500,000 seems to be the norm. Mr. Adams reiterated that the credit line is to meet initial
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recovery or gap funding needs. Discussion ensued regarding a suitable amount.
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Mr. Brougham directed Staff to obtain input from Iberiabank regarding the fees and costs
for $500,000, $750,000 and $1 million loans and present the information at the next meeting.
Mr. DiNardo reminded the Board that this is a line of credit and not a loan; the District
will incur fees to keep the line of credit open.
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Mr. Turner asked if the 12-month term starts when the District borrows the money. Mr.
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Adams indicated that this term must be placed in the contract. Mr. DiNardo replied no and
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explained that the District could obtain money anytime but the line of credit must be renewed
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every year.
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repayment.
Mr. Adams clarified that, when money is borrowed, it becomes a 12-month
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On MOTION by Mr. Slater and seconded by Mr. Turner, with
all in favor, authorization for Staff to proceed with
negotiations with Iberiabank and provide a prospective loan
document for the Board’s review at the next meeting, was
approved.
TENTH ORDER OF BUSINESS
Approval of January 28, 2015 Regular
Meeting Minutes
Mr. Brougham presented the January 28, 2015 Regular Meeting Minutes and asked for
any additions, deletions or corrections. The following changes were made:
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Line 35: Insert “, Turner” after “Slater”
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Line 51: Insert “asked” after “Brougham”
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Line 244: Change “S.R. 441” to “US 41”
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On MOTION by Mr. Bergmoser and seconded by Mr.
Peterson, with all in favor, the January 28, 2015 Regular
Meeting Minutes, as amended, were approved.
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This item was not discussed.
February 25, 2015
Action Items
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ELEVENTH ORDER OF BUSINESS
Other Business
There being no other business, the next item followed.
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TWELFTH ORDER OF BUSINESS
A.
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Staff Reports
Attorney
There being nothing additional to report, the next item followed.
B.
Manager
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i.
Approval of Unaudited Financial Statements as of January 31, 2015
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Mr. Brougham presented the Unaudited Financial Statements as of January 31, 2015. He
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referred to the “Balance Sheet”, on Page 1, and noted $566 on the “BB&T - Savings” line item,
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which continues to reappear. Mr. Adams will confirm that the money was transferred.
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Mr. Brougham pointed out the $445,872 balance on the “SunTrust” line item, on Page 1,
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and asked if the District is at risk, as the balance is over the FDIC coverage limit. Mr. Adams
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confirmed that the high balance in the account carries a risk.
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Mr. Brougham referred to the “Legal” line item, on Page 2, and asked Mr. Pires if he is
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billing monthly. Mr. Adams confirmed that Mr. Pires is billing monthly. Mr. Brougham
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questioned if Mr. Pires is being paid, as nothing was booked in January.
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Mr. Brougham noted the “Rentals and leases” line item, on Page 3.
Mr. Adams
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explained that the District’s portion of the cost for the new security vehicle was booked in
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January, along with the annual agreement with TEM Systems, LLC (TEM), for the gatehouse
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cameras and electronic products. Mr. Brougham indicated that the District will pay TEM a lot of
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money for the security upgrades and questioned what the current agreement covers. Mr. Adams
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stated that it gives the District preferred pricing, response times, etc. Mr. Brougham asked if the
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agreement is specific to the District’s current equipment. Mr. Adams replied affirmatively;
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however, each time equipment is added, it is added to the agreement, as well, which results in a
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price increase.
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February 25, 2015
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Mr. Brougham asked about the implications, regarding warranty protection, replacement,
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etc. Mr. Adams indicated that the cameras and the camera value triggers the value of the
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agreement, along with the gate operators, looping system, readers, etc., which are part of the
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agreement.
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Mr. Brougham urged Mr. Adams to discuss a new agreement with TEM to determine if
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the District could realize a reduction in the agreement fee, since nearly all of the cameras and
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equipment will be replaced.
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ii.
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The next meeting will be held on March 25, 2015 at 8:00 a.m.
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C.
NEXT MEETING DATE: March 25, 2015 at 8:00 A.M.
Operations Manager
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Ms. Crismond presented the Operations Report. She reported that she and Mr. Brougham
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had discussions with Officer Edyth Bird and Lieutenant Mike Jones, of the East Naples Sheriff’s
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Office, regarding traffic violations and the predominance of warnings issued versus citations;
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160 warnings and 16 citations were issued over the past five months. She advised that Officer
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Bird and Lieutenant Jones suggested installing a speed trailer on Fiddler’s Creek Parkway or
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another location, for 48 hours, to collect data. Ms. Crismond pointed out that the CDD #2 Board
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was not interested in the speed trailer option. She explained that the speed trailer would help the
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Sheriff’s Office determine if speeding is an issue.
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Mr. Turner asked to address the issue of the number of warnings versus citations.
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Mr. Brougham indicated that there was much angst at the CDD #2 meeting regarding the
357
discussion with the Sheriff’s Office.
358
Charbonneau about the Sheriff’s Office’s “warning” system and, as a result, he communicated
359
via email with Officer Bird and Lieutenant Jones to understand the system; Officer Bird
360
recommended a conference call.
361
Driver and Vehicle Information Database (DAVID), which contains information of a driver’s
362
profile, previous warnings, citations, etc.; it is the officer’s discretion whether to issue a citation.
363
He confirmed that, per Lieutenant Jones, warnings are in the DAVID.
364
365
He recalled questioning Ms. Crismond and Mr.
Mr. Brougham stated that Lieutenant Jones explained the
Mr. Brougham reiterated that 160 warnings and 16 citations were issued during the past
five months. He pointed out that the Board previously requested more enforcement.
366
Mr. Brougham apologized for involving Ms. Crismond in this matter and stressed that
367
there was no intention of offending Mr. James Robertson, CDD #2 Chair, by not including him
11
February 25, 2015
368
in the conference call. He stated that the purpose of the conference call was not to discuss
369
overall traffic enforcement in Fiddler’s Creek; it was to obtain an answer to the question
370
regarding warnings.
371
An unidentified person pointed out that she is not Mr. Robertson.
Mr. Brougham
372
acknowledged that she is not Mr. Robertson but that she “is part of the family”; he wanted to
373
make his statement in public and publicly apologize to Ms. Crismond, as she was “raked over the
374
coals” at the CDD #2 meeting, last week.
375
In response to the question regarding where to install a speed trailer, Mr. Albeit pointed
376
out that 71% of the stops were for stop sign violations; very few were for excessive speed. He
377
felt that a speed trailer would not produce the desired information.
378
Discussion ensued regarding the potential cost for a speed trailer.
379
In response to Mr. Brougham’s question, Mr. Albeit confirmed that he was not opposed
380
to installing a speed trailer.
381
Discussion ensued regarding whether the speed trailer flashed the vehicle speed digitally.
382
Mr. Brougham believed that the speed trailer was a small construction trailer that only records
383
the speed of vehicles but does not display the vehicle speed.
384
This item was tabled, pending additional information regarding the type of speed trailer.
385
386
387
388
THIRTEENTH ORDER OF BUSINESS
389
Mr. Cole to provide Management with an update if anything significant occurs in the litigation
390
and the traffic signal installation project.
Mr. Brougham directed the District Manager to remind Mr. Reyes or Ms. Robinson and
391
392
393
394
FOURTEENTH ORDER OF BUSINESS
Adjournment
There being no further business to discuss, the meeting recessed.
395
396
397
398
399
400
401
402
On MOTION by Mr. Brougham and seconded by Mr.
Peterson, with all in favor, the meeting recessed at
approximately 9:22 a.m., and was continued to Friday, March
6, 2015 at 3:00 p.m., at this location.
12
February 25, 2015
403
404
405
406
407
408
409
410
___________________________
____________________________
Chair/Vice Chair
13
ACTIVE ACTION ITEMS
Action Item status updates to be provided prior to or at the meeting.
DATE
ADDED
1. 12/11/13 Per Mr. Brougham’s request, Management to provide the work reports received
from LakeMasters to the Board Members, so that they are aware of complaints
and what is done. STATUS: ONGOING
2. 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
3. 12/11/13 Going forward, Mr. Adams to ensure that information is disseminated to all Board
Members, not just Mr. Brougham. STATUS: ONGOING
4. 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
5. 11/19/14 Per Mr. Brougham, Staff to communicate anything of major importance to
residents, such as the about the tree removal referenced by Ms. Robertson, so that
residents are aware of what will occur. STATUS: ONGOING
6. 01/28/15 Per Mr. Brougham, Mr. Charbonneau to remind the Sandpiper Gate guards where
construction traffic should be directed. STATUS: ONGOING
7. 01/28/15 Per Mr. Pires’ request, Mr. Cole to research the traffic signal contract to
determine if the contract specifies a time frame whereby the contractor could
argue that because the Notice to Proceed was not received, the contract could be
suspended or terminated. STATUS: ONGOING
8. 01/28/15 Mr. Cole to prepare a bid package for the CDD #1 restriping work. STATUS:
ONGOING
9. 01/28/15 Mr. Cole to contact the state regarding a reflector pole that appeared to have been
run over. STATUS: ONGOING
10. 01/28/15 Per Mr. Brougham the sidewalk maintenance machine item should no longer be
carried on the agenda but added once Mr. Albeit provides a proposal and is
prepared to present it to the Board. Per Mr. Brougham, Management should not
enter into a contract for sidewalk maintenance. STATUS: ONGOING
1
ACTIVE ACTION ITEMS
Action Item status updates to be provided prior to or at the meeting.
DATE
ADDED
11. 02/25/15 Per Mr. Brougham’s direction to Ms. Crismond and TruGreen; four flower
rotations, per year, should be completed. STATUS: ONGOING
12. 02/25/15 Mr. Pires to forward the Petition for Rule Amendment to Correct Legal
Description to Mr. Brougham for execution. STATUS: ONGOING
13. 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
14. 02/25/15 Mr. Cole to inspect an area of SR 951 with rough blacktop and consult with the
paving contractor regarding whether the final lift was installed. STATUS:
ONGOING
15. 02/25/15 Per Mr. Brougham’s direction, Staff to obtain input from Iberiabank regarding the
fees and costs for $500,000, $750,000 and $1 million loans (lines of credit)
STATUS: ONGOING
16. 02/25/15 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: ONGOING
2
COMPLETED ACTION ITEMS
DATE
MOVED
TO
COMPLETED
1.
01/28/15
Per Mr. Brougham’s request, Mr. Cole to accumulate pay draws and bill
the District once, per quarter. Mr. Cole indicated that he will investigate
that possibility. STATUS: COMPLETED
2.
01/28/15
Ms. Crismond to notify Ms. Robertson and the Board when
repairs/replacement of removed ficus trees commences. STATUS:
COMPLETED
3.
01/28/15
Ms. Crismond to research the street washing machine recommended by
Mr. Palmer and provide a report of her findings at the next meeting, with
regard to the cost and references. STATUS: COMPLETED
4.
01/28/15
Mr. Adams to engage a third party assessment methodology expert, with
no affiliation to the community, past or present, and engagement of
Special Counsel with an appropriate background in Florida government
and assessment law. STATUS: COMPLETED
5.
01/28/15
Regarding the DOT comments to the SR 951 traffic signal, Mr. Cole to
provide Mr. Brougham with contact information for the DOT reviewer
and the county representative. Mr. Brougham to mail a letter to all of the
parties involved, expressing the District’s displeasure with the delay,
copying Mr. DiNardo and Mr. Joe Perisi. STATUS: COMPLETED
6.
02/25/15
Per the Board’s direction, Ms. Crismond to inform Mr. Cook that
TruGreen would be terminated, if a vote was taken today. STATUS:
COMPLETED
7.
02/25/15
Per the Board’s request, Mr. Cole to discuss resodding in a ROW with the
state’s project manager. STATUS: COMPLETED
3
1
2
3
4
MINUTES OF MEETING
FIDDLER’S CREEK COMMUNITY DEVELOPMENT DISTRICT #1
A Continued Meeting of the Board of Supervisors of the Fiddler’s Creek Community
5
Development District #1 was held on Friday, March 6, 2015 at 3:00 p.m., in the 19th Hole, at
6
the Fiddler’s Creek Club and Spa, 3470 Club Center Boulevard, Naples, Florida 34114.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Present at the meeting were:
Phil Brougham
Gerald Bergmoser
Richard Peterson
Charles Turner
Chair
Vice Chair
Assistant Secretary
Assistant Secretary
Also present were:
Chuck Adams
Rick Reyes
Court Reporter
District Manager
Special Counsel
FIRST ORDER OF BUSINESS
Mr. Brougham called the meeting to order at 3:00 p.m., and noted, for the record, that all
Supervisors were present, in person.
26
27
28
29
30
SECOND ORDER OF BUSINESS
Public Comments: Non-Agenda Items (3
minutes per speaker)
There being no public comments, the next item followed.
31
32
33
34
35
THIRD ORDER OF BUSINESS
36
25, 2015 meeting.
Special Counsel Request for Executive
Session
Mr. Adams advised that Mr. Reyes requested this Executive Session during the February
37
38
39
40
FOURTH ORDER OF BUSINESS
41
Mr. Reyes.
Executive Session
Mr. Adams reiterated that all Supervisors were present, in person, along with himself and
1
42
43
March 6, 2015
In response to a question, Mr. Brougham and Mr. Adams confirmed that regular business
can be discussed before or after the Executive Session.
44
Mr. Adams recessed the Continued Meeting at 3:02 p.m.
45
The Executive Session commenced at 3:02 p.m.
46
The Executive Session closed at approximately 3:45 p.m.
47
48
49
50
51
FIFTH ORDER OF BUSINESS
Consideration of Actions Resulting from
Executive Session
52
that all Supervisors were present, in person, along with himself and Mr. Reyes.
Mr. Adams reconvened the Continued Meeting at 3:45 p.m., and noted, for the record,
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
On MOTION by Mr. Bergmoser and seconded by Mr. Slater,
with all in favor, authorization for Special Counsel to proceed
with the actions discussed during the Executive Session, was
approved.
SIXTH ORDER OF BUSINESS
Other Business
There being no other business, the next item followed.
SEVENTH ORDER OF BUSINESS
NEXT MEETING DATE: March 25,
2015 at 8:00 A.M.
The next regular meeting will be held on March 25, 2015 at 8:00 a.m.
68
69
70
71
EIGHTH ORDER OF BUSINESS
72
office, which caused him distress. Mr. Adams clarified that Management’s main office relocated
73
a short distance from its prior location but he will remain on the west coast.
Mr. Slater indicated that he received an email regarding the relocation of Management’s
74
Mr. Brougham recalled discussion about the District receiving positive feedback from
75
Iberiabank, related to the District’s trying to open a line of credit. In the interim, Iberiabank’s
76
counsel determined that he had a conflict of interest, as he performs work for other entities
77
within Fiddler’s Creek; therefore, Iberiabank is trying to locate other counsel. He noted that the
2
March 6, 2015
78
documents are prepared; finalization is pending Iberiabank locating another attorney to review
79
the documents.
80
Mr. Brougham noted that Mr. DiNardo has a contact at Fifth Third Bank and suggested
81
that the District inquire about a line of credit from them. Mr. Adams will follow up with Fifth
82
Third Bank.
83
Mr. Adams reported that there was a major irrigation line break today, at approximately
84
11:00 a.m., involving a 14” or 16” line running along Fiddler’s Creek Parkway, near Montreux.
85
He indicated that caution tape was installed, the location was secured, AquaMatic will repair the
86
line on Monday. In response to a question, Mr. Adams confirmed that the line is in CDD #1 and,
87
as a result of the recently signed agreement with CDD #2, CDD #1 will be solely responsible for
88
the repair costs. He confirmed that only two neighborhoods will be impacted.
89
90
91
92
NINTH ORDER OF BUSINESS
Adjournment
There being nothing additional to discuss, the meeting adjourned.
93
94
95
96
97
On MOTION by Mr. Peterson and seconded by Mr.
Bergmoser, with all in favor, the meeting adjourned at 3:52
p.m.
98
99
100
101
102
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
103
3
March 6, 2015
104
105
106
107
108
109
110
___________________________
____________________________
Chair/Vice Chair
4
FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #1
FINANCIAL STATEMENTS
UNAUDITED
FEBRUARY 28, 2015
FIDDLER'S CREEK
BALANCE SHEET
GOVERNMENTAL FUNDS
FEBRUARY 28, 2015
General
001
ASSETS
Operating accounts
SunTrust
Broward Bank of Commerce - MMA
Finemark - MMA
Finemark - ICS
BB& T - Savings
Investments
Revenue
Revenue - 2005 exchange
Reserve - series A
Prepayment
Prepayment - 2002B exchange
Interest - 2002A exchange
Interest - 2002B exchange
Undeposited funds
Due from general fund
Due from other funds
Due from Fiddler's Creek CDD #2
Deposits
Total Assets
LIABILITIES & FUND BALANCES
Liabilities:
Accounts payable
Debt service payable
Due to other funds
General fund 001
Total liabilities
Fund balances:
Assigned:
Debt service
Capital projects
Unassigned
Total fund balances
Total liabilities and fund balance
$
662,632
75,547
250,988
1,016,366
560
Debt
Debt
Service
Service
Series 2002 Series 2005
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
$
-
$
-
817,538
433,490
10,613
78,705
$ 1,340,346
$
-
$
$
69,579
409,995
13,424
5,125
$ 2,504,216
$
$
$
2,400
177,669
-
-
180,069
-
2,324,147
2,324,147
$ 2,504,216
-
$
$
$
$
299,478
299,478
-
-
$
492,540
25,003
1,699
48,300
567,542
-
$
$
$
476,576
410,359
13,076
50,663
950,674
-
$
$
$
8,913
8,913
-
$
$
$
277
277
-
$
$
$
293
293
-
-
-
-
-
-
-
(299,478)
1,340,346
(299,478)
1,340,346
$
- $ 1,340,346
567,542
567,542
567,542
950,674
950,674
950,674
8,913
8,913
8,913
277
277
277
293
293
293
$
$
$
$
$
$
$
$
-
$
-
1,786,654
570
458,493
12,312
410,359
8,913
13,076
69,579
177,668
409,995
13,424
5,125
$ 5,372,261
11,918
-
$
662,632
75,547
250,988
1,016,366
560
14,318
177,669
110,517
122,435
409,995
601,982
(122,435)
(122,435)
$
- $
2,568,567
(122,435)
2,324,147
4,770,279
5,372,261
1
FIDDLER'S CREEK
STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
GENERAL FUND 001
FOR THE PERIOD ENDED FEBRUARY 28, 2015
Current
Month
Year To
Date
Budget
167,762
49,293
179
10,388
227,622
$ 1,829,106
246,466
896
13,368
2,089,836
$ 1,968,053
825,174
3,500
13,000
2,809,727
93%
30%
26%
103%
74%
1,076
4,945
1,615
2,000
1,205
295
3,402
53
67
53
82
929
15,722
4,521
24,725
24,990
8,074
9,000
10,811
4,948
1,401
8,101
265
894
18,501
265
318
108
175
433
4,645
122,175
12,918
59,339
24,990
19,377
15,100
25,000
100,000
20,000
637
2,000
18,902
637
1,000
750
175
15,500
4,000
2,000
11,147
333,472
35%
42%
100%
42%
60%
43%
5%
7%
N/A
42%
45%
98%
42%
32%
14%
100%
0%
0%
22%
42%
37%
2,144
2,144
10,718
10,718
25,722
25,722
42%
42%
Water management maintenance
Other contractual
Fountains
Total water management maintenance
12,516
3,379
15,895
50,064
25,631
75,695
398,773
47,500
446,273
13%
54%
17%
Street lighting
Contractual services
Electricity
Holiday lighting program
Miscellaneous
Capital outlay - traffic signal
Total street lighting
3,775
3,621
11,900
577
19,873
8,486
13,133
11,900
1,741
35,260
12,000
33,000
12,000
1,500
58,500
71%
40%
99%
0%
N/A
60%
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
$
% of
Budget
2
FIDDLER'S CREEK
GENERAL FUND 001
Current
Month
Year To
Date
% of
Budget
Budget
Landscaping
Other contractual - landscape maintenance
Improvements and renovations
Contingencies
Total landscaping
658
10,713
11,371
239,454
20,021
259,475
935,000
145,000
35,600
1,115,600
26%
14%
0%
23%
Access control
Rentals and leases
Fuel
Repairs and maintenance - parts
Repairs and maintenance - gatehouse
Insurance
Operating supplies
Capital outlay
Total access control
28,939
742
985
282
4,862
35,810
96,975
22,031
3,820
3,205
4,082
5,154
14,923
150,190
390,310
25,199
10,405
4,877
16,258
7,055
29,264
84,540
567,908
25%
87%
37%
66%
25%
73%
51%
0%
26%
Roadway
Roadway maintenance
Total roadway
399
12,220
12,619
1,596
57,770
59,366
5,000
50,000
55,000
32%
116%
108%
22
108
6,587
6,717
90
555
65,017
65,662
750
1,500
133,250
135,500
12%
37%
49%
48%
25,201
36,580
7,500
69,281
847,822
30,751
41,001
71,752
2,809,727
82%
89%
N/A
97%
30%
109,623
1,242,014
-
2,214,524
2,324,147
1,082,133
$ 2,324,147
1,100,204
$ 1,100,204
Irrigation supply
Electricity
Repairs and maintenance
Supply system
Total irrigation supply
Other fees & charges
Property appraiser
Tax collector
Write off debt
Total other fees & charges
Total expenditures
(5,505)
3,353
(2,152)
117,999
Excess/(deficiency) of revenues
over/(under) expenditures
Fund balances - beginning
Fund balances - ending
$
3
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2002
Current
Month
REVENUES
Misc income
Total revenues
$
EXPENDITURES
Debt service
Total debt service
Net change in fund balances
$
Year To
Date
-
$
7,500
7,500
% of
Budget
Budget
$
-
N/A
N/A
N/A
-
-
-
-
7,500
-
-
7,500
(7,500)
$
-
$
-
4
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2005
Current
Month
REVENUES
Special assessment: off-roll
Total revenues
$
EXPENDITURES
Debt service
Total debt service
Net change in fund balances
$
Year To
Date
-
$
% of
Budget
Budget
-
$
-
N/A
N/A
N/A
-
-
-
-
-
-
(299,478)
(299,478)
$
(299,478)
(299,478)
$
-
5
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 1999)
Current
Month
REVENUES
Assessment levy
Assessment prepayments
Interest
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
77,708
5
77,713
$
$
Budget
% of
Budget
847,698
10,613
24
858,335
$ 915,996
915,996
93%
N/A
N/A
94%
114,900
114,900
665,000
209,800
874,800
0%
55%
13%
(2,551)
1,554
(997)
(997)
11,740
16,953
28,693
143,593
14,312
19,083
33,395
908,195
82%
89%
86%
16%
78,710
714,742
7,801
1,261,636
1,340,346
625,604
$ 1,340,346
602,151
$ 609,952
-
Property appraiser
Tax collector
Total expenditures
Year To
Date
6
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2013 (REFUNDED SERIES 2006)
Current
Month
REVENUES
Assessment levy
Assessment prepayments
Interest
Total revenues
EXPENDITURES
Debt service
Principal
Interest
Total debt service
Property appraiser
Tax collector
Total expenditures
Year To
Date
Budget
47,688
1
47,689
$ 520,221
1,698
4
521,923
$ 562,087
562,087
93%
N/A
N/A
93%
-
45,706
45,706
465,000
71,413
536,413
0%
64%
9%
(1,566)
953
(613)
(613)
7,204
10,404
17,608
63,314
8,783
11,710
20,493
556,906
82%
89%
86%
11%
48,302
458,609
5,181
519,240
$ 567,542
108,933
$ 567,542
$
$
% of
Budget
92,731
97,912
7
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-1 (REFUNDED SERIES 2002B)
Current
Month
Year To
Date
$ 50,021
3
50,024
$ 545,670
399,326
163,936
3
1,108,935
EXPENDITURES
Debt service
Principal
Interest
Total debt service
-
Debt service
Cost of issuance
Total debt service
Total expenditures
-
REVENUES
Assessment levy: on-roll - net
Assessment Prepayment
Special assessment - direct bill
Interest
Total revenues
Property appraiser
Tax collector
Total expenditures
Budget
$
% of
Budget
587,110
163,936
751,046
93%
N/A
100%
N/A
148%
163,935
163,935
165,000
364,673
529,673
0%
45%
31%
7,500
7,500
171,435
529,673
N/A
N/A
N/A
(1,642)
1,000
(642)
(642)
7,518
10,914
18,432
189,867
9,174
12,231
21,405
551,078
82%
89%
86%
34%
50,666
919,068
199,968
900,008
$ 950,674
31,606
$ 950,674
$
20,615
220,583
8
FIDDLER'S CREEK
DEBT SERVICE FUND SERIES 2014-2 (REFUNDED SERIES 2002A)
Current
Month
REVENUES
Assessment levy
Total revenues
$
EXPENDITURES
Debt service
Principal
Interest
Total debt service
$
Year To
Date
Budget
-
$ 326,207
326,207
$ 1,030,645
1,030,645
32%
32%
-
326,207
326,207
305,000
725,645
1,030,645
0%
45%
32%
-
-
-
8,913
8,913
$
8,913
8,913
$
% of
Budget
8,913
8,913
9
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
-
$ 180,804
180,804
$ 551,570
551,570
33%
33%
-
182,770
182,770
145,000
406,570
551,570
0%
45%
33%
-
$
277
277
(1,966)
$
2,243
277
% of
Budget
-
$
2,243
2,243
10
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
-
$ 190,863
190,863
$ 579,188
579,188
33%
33%
-
192,937
192,937
150,000
429,188
579,188
0%
45%
33%
-
$
293
293
(2,074)
$
2,367
293
% of
Budget
-
$
2,367
2,367
11
FIDDLER'S CREEK
CAPITAL PROJECTS FUND SERIES 2005
Current
Month
REVENUES
Total revenues
EXPENDITURES
Capital outlay
Total expenditures
$
Year To
Date
-
$
-
170
170
170
170
(170)
(170)
(122,265)
$ (122,435)
(122,265)
$ (122,435)
12

Fiddler`s Creek CDD #1

Transcription

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