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