Forest Lakes MSTU Minutes 11/19/2013FOREST ROADWAY and DRAINAGE M.S.T.U.
ADVISORY COMMITTEE
LAKES 3299 East Tamiami Trail - Suite 103
Naples, FL 34112
NOVEMBER 19 2013
MINUTES
I. CALL TO ORDER
Chairman Robert Jones called the meeting to order at 1:00 PM.
A quorum was established; four voting members were present.
II. ATTENDANCE
Members: Robert Jones — Chairman
George Fogg — Vice Chair, Richard Barry, Kenneth Bloom, Kevin McKyton
County: Darryl Richard — MSTU Project Manager
Harry Sells — Project Manager
Michelle Arnold — Director, ATM
Others: Scott Windham — Windham Studio, Inc.
Jim Carr, PE — Agnoli, Barber& Brundage
(JuriStaff— Anne Iacuzzo)
III. APPROVAL OF AGENDA
Addition:
• Under Item VI, "Project Manager's Report"
o Add: "B. Swales Maintenance Schedule"
Darryl Richard requested to change the order of the Agenda; Item VI — B will be heard
immediately following Item IV - Approval of the Minutes.
Kenneth Bloom moved to approve the Agenda as amended Fice Chairman Fogg
offered a Second in support of the Motion. Carried unanimously, 4 — 0.
IV. APPROVAL OF MINUTES: October 1, 2013
Clarification:
• Page 11, third paragraph from the bottom:
o ( "The majority agreed ") was changed to ( "90% of the attendees agreed ")
Kenneth Bloom moved to approve the Minutes of the October P meeting as amended.
Richard Barry offered a Second in support of the Motion. Carried unanimously, 4— 0.
(Kevin McKyton arrived @ 1:08 PM. Five voting members were present.)
November 19, 2013
VI. PROJECT MANAGER'S REPORT — DARRYL RICHARD
B. Swales Maintenance Schedule
(Report attached: "Forest Lakes MSTU— Annual Swale Maintenance Schedule ")
Darryl Richard noted a typographical error on the report in the first sentence, i.e.,
the word "dry" was changed to "wet" season.
He stated the report outlined the MSTU's commitment to maintenance of the swales
during the rainy season versus the Golf Course's maintenance during the dry season.
• Goal: To memorialize discussions with the Golf Club and obtain formal
approval of an Annual Maintenance Schedule
• Language was inserted to explain the relationship between the Golf Club and
the MSTU
(Scott Windham arrived @ PI 0 PM.)
Kenneth Bloom noted Richard Barry will present the proposed Maintenance Schedule
to the Golf Club Board at 2:00 PM. He asked Mr. Barry to present a status report at
the next meeting concerning whether or not the Golf Club could fulfill its
responsibilities.
Darryl Richard noted if the Golf Club could not keep pace with the growth of
vegetation during the dry season and the MSTU was forced to clean up a gross amount
of overgrowth prior to the rainy season, the additional cost could affect the agreement.
Kenneth Bloom expressed his concern: The MSTU would budget for six months of
maintenance but, if the Golf Club could not fulfill its responsibilities and it was
determined that applications of chemicals during November through April would be
beneficial to control the weeds, the MSTU should be prepared to do so.
Richard Barry stated he previously requested information concerning chemical
treatment of the swales to be provided during the meeting.
Darryl Richard clarified the meeting with the contractor for the State of Florida was
scheduled for later in the month. He explained any cost for chemically treating the
swales would be considerably less than the cost to manually clean each swale.
He agreed with Mr. Bloom that it could be necessary for the MSTU to monitor the
Golf Club's progress during the dry season but noted language for such action had not
been included in the Maintenance Schedule. He further stated the issue would be
addressed, if necessary, in the future. If additional funds were required, he stated it
would be a legitimate MSTU expense.
He concluded by stating the document was "a good starting point."
Kenneth Barry stated his goal: to ensure the swales will be in the best shape possible
at the start of the rainy season so the swales function as designed.
Vice Chairman Fogg stated another concern was drainage. He noted the drainage
swales will not be maintained in a "golfing condition" during the rainy season.
November 19, 2013
Richard Barry noted the Golf Club's membership had been reduced by 20 members
and at least two people were laid off from the maintenance staff. He stated it probably
would not be possible for the Golf Club to purpose any special equipment to maintain
the swales during the dry season.
Kenneth Bloom reiterated if it becomes financially burdensome for the Golf Club to
maintain the swales, as long as the MSTU is notified, it will take over.
Vice Chairman Fogg asked Mr. Barry to relay the information to the Golf Club's
Board.
Mr. Barry stated he previously contacted the President of Quail Run who indicated
that the Club would help out when it could with the maintenance of the swales.
Darryl Richard referred to the fourth paragraph which stated:
"Chemical used in vegetation spraying shall be approved by the
Golf Club prior to use. The spraying contractor shall comply with
all Federal, State, and local regulations regarding the proper use of
chemical and the method of application. The MSTU liaison staff
notify the Golf Club Manager at least one week prior to any spray
application to the golf course swales. Upon request by the Golf
Club, the MSTU will adjust the timing of the spray application so
as not to interfere with any operational requirements of the Golf
Club."
Kevin McKyton asked if water was in the swales at the time of a chemical spray,
would the chemicals become diluted.
Darryl Richard explained the same chemicals were used to treat vegetation in canals
and was very effective.
Richard Barry moved to accept the MSTU's proposed Annual Swale Maintenance
Schedule, May P' through October 31", and if the Golf Club gives permission to
chemically treat the swales during the winter, to approve doing so. Kenneth Bloom
offered a Second in support of the motion. Carried unanimously, S — 0.
V. BUDGET — DARRYL RICHARD
A. Monthly Budget Report:
(Report attached: "Forest Lakes MSTU Fund 159, dated November 19, 2013 ")
• Current Ad Valorem Tax Budget:
• Operating Expenses:
• Commitments:
• Spent to date:
• Operating Funds Available:
• Improvements /Capital Outlay:
• Open Purchase Orders:
• Spent to Date:
$ 151,000.00 (anticipated to receive)
$ 143,800.00 (Line Item 37)
$ 43,042.98
$ 18,642.15
$ 82,114.17
$ 960,227.80 (Line Items 38 & 39)
$ 846,451.30
$ -------- - - - - --
• Unencumbered Monies:
• Reserves (debt service — Bond):
• Total Budget Available:
(Michelle Arnold arrived @ 1:25 PM.)
November 19, 2013
$ 113,826.50
$ 131,700.00 (Line Item 45)
$ 361,959.60
Darryl Richard noted the $846,451.30 was allocated to improve the sidewalk,
lighting, and turn lane. The Project is anticipated to begin in January, 2014.
Kenneth Bloom noted the previous "Reserves" amount of $1,009,200 was not
shown on the Budget report. He asked if it was still available to pay the bond.
Michelle Arnold confirmed the Budget Report did not reflect any "carry forward"
funds. She stated the Clerk's Office has the cash balance report and suggested a
separate report should be presented at the next meeting.
Darryl Richard acknowledged the Clerk's Office uses a different accounting
system than the County's SAP accounting program.
VI. PROJECT MANAGER'S REPORT — DARRYL RICHARD
A. ABB — Storm Inlet Letter
(Documents attached: Letter from Agnoli, Barber & Brundage, Inc. dated
November 14, 2013, with two photographs)
Darryl Richard:
• ABB inspected two storm inlets on Forest Lakes Blvd. between
Boxwood Lane and Camelia Lane
• Recommendation: Install a steel grating to cover each opening
• Cost: Approximately for $500 each grate
Kenneth Bloom moved to approve accepting and implementing the proposal from
Agnoli, Barber & Brundage, Inc. to install grates on the two storm inlets located
on Forest Lakes Boulevard between Boxwood Lane and Camelia Lane.
Richard Barry offered a Second in support of the Motion.
Carried unanimously, 5 — 0.
Action Item: Darryl Richard will report the actual quote costs for the installation at
the next meeting.
VII. LANDSCAPE ARCHITECT'S REPORT — SCOTT WINDHAM
(Reports attached: (1) "Forest Lakes — Monthly Maintenance and Site Review, dated
November 13, 2013 and (2) "Forest Lakes MSTU Bond Project F -88 Sidewalk
Improvements Status Report, dated November 13, 2013)
• During last month's meeting, there was significant discussion concerning the
proposed Project on Forest Lakes Boulevard which included the sidewalk, lighting
for the sidewalk, and improvements to the turn lane at the west entrance.
• The County was to award the contract for the Project.
4
November 19, 2013
• In the interim, the Budget Office held a meeting to further evaluate the funds
available for the MSTU.
• Decision: Reduce the Project to only the basic elements required to complete the
Sidewalk Project.
Q. We met with the Committee five years ago and a Bond was obtained specifically
for the Project. Wasn't the money from the bond targeted for those three projects?
Why was that money disbursed someplace else?
A. (Kenneth Bloom) It wasn't disbursed.
Vice Chairman Fogg concurred the funds have not been disbursed elsewhere.
Kenneth Bloom explained the Project is moving forward.
Q. It is not done?
Mr. Bloom confirmed it was not done and will start January 1 st.
• There were several issues requiring over a year's worth of work to obtain the
required easements on Forest Lakes Boulevard from all the condos.
• We spent over a year between the Condo Associations allowing us to go onto
their properties; trying to decide if the sidewalk was to be placed on the north
or south side of the road; who owned what pieces of property; and having each
Condo Association sign off on it.
Q. On Woodshire Lane, you have already installed the sidewalk.
Kenneth Bloom stated Woodshire Lane was the beginning — the Project was started
there and worked its way around.
He asked Michelle Arnold if all of the Easement Agreements were signed.
Ms. Arnold replied, "We have most of them."
He explained the lighting will accompany installation of the sidewalk.
Vice Chairman Fogg explained all comments would be heard after the Agenda items
were concluded.
Scott Windham continued his report:
• The Project has been distilled down to the following elements:
• Sidewalk component on Forest Lakes Boulevard (looping from the
Clubhouse parking east to Woodshire and coming back out to Pine
Ridge Road);
• The street lights associated with entire Woodshire section and the new
connector, a few additional sidewalk lights, and the sidewalk
connection at the west entrance out to Pine Ridge Road; and
• The new eastbound turn lane to be constructed at the west entrance.
• The goal is to complete the essential elements: the sidewalk which will be lit
for evening use, and the new turn lane.
• As a result of value engineering, the cost of the Project was reduced by
$149,000.
• Any additional landscaping component (beyond what has already been done)
were removed from the award.
November 19, 2013
Kenneth Bloom commented:
• He was asked to attend the Board of County Commissioners' meeting.
• Commissioner Henning was "ready to pull the plug on the whole project" and
stop it.
• The County Commissioners allocate the funds to the MSTUs. The MSTU does
not control its funds — the County does.
• The Commissioners were concerned that the Forest Lakes MSTU would not
have enough money to cover the existing debt service on the Bond.
He explained to the BCC that one million dollars is being held in "Reserves" which
will pay five years' worth of debt service but there is a shortage of $200,000 per year
from the Ad Valorem taxes collected through property taxes.
• The millage rate plus the value of the homes does not produce enough money
to pay for the operation of the MSTU and pay -off the debt service.
• Commissioner Henning indicated he would not approve awarding the contract.
• Michelle Arnold also appeared before the BCC.
Mr. Bloom stated the MSTU was aware of the debt - service issue. He further stated
the MSTU will work to reduce the plan in place as much as possible to be able to
move forward. He also stated the goal was to pay off the debt within five years.
He said Commissioner Henning made it very clear that to request additional funding
for the Project would not receive his support. He noted the reduction of $149,000 will
provide a "buffer" in the event there are last - minute Change Orders.
Kenneth Bloom stated that he is working with Ms. Arnold and Darryl Richard to
develop a five -year plan to pay for the debt service and operational costs which are
anticipated to increase to cover the maintenance of the sidewalks and lights (repairs,
cleaning, etc.) He further stated the MSTU must be able to pay its bills without going
to the County to request a "subsidy." If the elements of the Project had not been
eliminated, the Project could not be completed.
Q. Was the grant that was obtained a "matching" grant?
A. (Michelle Arnold) No — You don't have a grant.
B. (Kenneth Bloom) The MSTU does not have a "grant" — it has a bond allocation.
Q. It was issued for what purpose?
A. (Kenneth Bloom) For purposes of sidewalks, drainage, and roads.
Kenneth Bloom explained:
• the MSTU is an advisory committee to the Board of County Commissioners
• the Bond was purchased by the County for the MSTU
• the County controls the MSTU's funds — it is from taxes
He provided background information:
• Eight months ago, the Committee was ready to approve a $1.2M contract
6
November 19, 2013
• Michelle Arnold stated the contract could not be signed because the bids were
too high, and
• $1 M was earmarked for "Reserves"
• The Committee was willing to invade the "Reserves" for approximately
$200,000 but the County was opposed
• The entire bid process was begun again
Michelle Arnold noted property values over the last two to three years have gone
down. The dollars collected to maintain the operation and pay back the Bond were not
sufficient. That is a key element. By preventing the MSTU from invading the
"Reserves" fund, the County ensured the MSTU would have sufficient funds to pay
the Bond. The County does not want the MSTU to default on the Bond. Because
there was less money coming in, the debt service was paid before any other bills. That
is why the Project had to be scaled back.
She continued that timing was another factor. If the easements had been secured
earlier, the discussion would not be necessary.
Q. Does the County build our budget? Who builds our budget.
A. (KB) The County's Budget Department builds the budget. Yes.
Vice Chairman Fogg explained the process was complex; Staff recommends what we
need and we propose adjustments. The Budget Department has to agree that the
MSTU can fiscally do what has been proposed and then the Budget is approved by the
Board of County Commissioners. We are an advisory committee to the Board of
County Commissioners. We are expected to review the reduced Project and suggest
recommendations.
Q. In my tax bill, if I am paying $100 (for example) to the MSTU, how much of that
money is allocated to the MSTU?
A. (KB) All of it.
A. (GF) 100% of it.
Kenneth Bloom explained the first line of the Budget represented the amount of taxes
to be collected from the community ($151,000.00). He stated the only figure left off
the Budget was the amount allocated for debt service.
Q. Why not?
A. (KB) It's a governmental accounting.
Vice Chairman Fogg stated if any member of the audience wanted additional details
concerning the Budget process, Staff would be available to answer questions after the
meeting concluded.
Darryl Richard explained the Budget Report contained the current millage rate. The
Operations millage rate is 0.5228 and the number matches the number on the first line
of the Budget. The Debt Service millage rate of 2.7532 generates $368,300 per this
fiscal year.
November 19, 2013
He directed attention to the taxable value for FY 2010 which was $176M while the
taxable value for 2013 is $130M. $46M was lost in taxable value which was a huge
drop and has a substantial impact on the Budget and what the County will do. When
the financial institution approved the Bond, no one knew this would happen.
Scott Windham continued his report:
• Input is always appreciated.
• The last minute decisions made within the last month were done out of caution
on behalf of the community.
• The good news: the sidewalk will be completed, as well as the lighting, and
the turn lane improvements were included. It will be widened on the right side
(toward the Golf Club) and will have a signal light.
Vice Chairman Fogg stated the improvements to the turn lane have been under
discussion for six years. But some landscaping was lost. Value decisions were made,
i.e., safety and traffic circulation were more critical than plantings. The original plan
was pared down to satisfy the Board of County Commissioners.
He continued his comments:
• When the Project was begun, installing the sidewalk and lighting was not in the
plan
• The drainage work and paving the roads were completed at a lesser cost than
anticipated
• We are pleased that the Bond money has been able to cover what is planned
• Unfortunately, due to the recession, some of the "nicer" items were eliminated
• If the property values increase in the future, those items can be reviewed and
possible completed.
• The MSTU must remain fiscally responsible.
• We will have lights and sidewalks — but no additional landscaping.
Darryl Richard stated the Project will begin during the first week of January and the
initial focus will be the right turn lane. The job will be completed by Quality
Enterprises by the end of February; the rest of the work — sidewalk and lighting — will
take from March through the end of July to complete, i.e., the entire loop sidewalk and
lighting.
Vice Chairman Fogg stated the contract has been signed — it is a contracted element
and will go forward.
VIII. OLD BUSINESS
(None)
IX. NEw Busmss
A. December Meeting
Vice Chairman Fogg moved to approve suspending the December 3'd meeting.
Kenneth Bloom offered a Second in support of the motion.
Carried unanimously, 5 — 0.
November 19, 2013
It was noted:
• If necessary, Darryl Richard may schedule an emergency basis in December.
• The January 7th meeting will begin at the regularly scheduled time of 10:00 AM.
(Richard Barry left at 3:05 PM.)
X. COMMITTEE MEMBER COMMENTS
(None)
XI. PUBLIC COMMENTS
Q. How many members of the Committee reside in the community?
A. It is required that MSTU members reside in the community.
Q. What are the reductions on Forest Lake Blvd. regarding landscaping and lights?
A. (KB) You will have the sidewalk and lights. There is no additional landscaping —
whatever is there is all that will be done until further down the road if we have the
money.
Q. Are the number of lights really necessary?
A. (GF) The spacing of the lights is determined by engineering criteria — we cannot adjust
the number because we do not wish to reduce the safety factor.
Q. Who will maintain the grates that will be installed?
A. (KB) The MSTU.
A. (GF) That is our responsibility.
Q. You are starting construction on the turning lane in January which is a very busy time
on Pine Ridge Road. Are any provisions going to be made for access?
A. (KB) There is a letter which will be sent to all Forest Lake residents. If you are going
eastbound on Pine Ridge Road, you will be asked to use Woodshire Lane.
Kenneth Bloom stated his preference was to begin the Project in March or April of 2013
but the required easements were not obtained in time. The options are to postpone until
April of 2014 but, if work is postponed, the value on the contract will be diminished
because costs will increase. The residents will be inconvenienced for one month. Those
who want to go westbound, go to the shopping center, go to the stoplight, turn left and
head westbound. If the residents ignore the suggestions in the letter, too much traffic will
slow down construction.
Vice Chairman Fogg acknowledged the timing was not good, but it was better to get the
turn lane done than not have it done.
(Kevin McKyton left at 3:15 PM.)
Q. Is the reason why it is not done is because of finances?
A. (KB) A contract was ready to be signed but had to be re -done because the bids were
too high and the funds were not available.
9
November 19, 2013
Q. Is work on the center island still part of the Project?
A. (KB) No. The center island is finished. It will not be damaged — work will be to the
east side of the road.
Scott Windham stated the beautification portion was eliminated but pavers will be
installed in the island by the stop sign and there will be a clear delineation of lanes.
Q. Will there be beautification of Pine Ridge ...?
A. (GF) Not going to happen. We had to cut out all the landscaping or else we would not
have the Project at all.
Kenneth Bloom said Commissioner Henning required the MSTU to reduce costs.
Vice Chairman Fogg stated by eliminating additional landscaping, the MSTU to include
lighting for the sidewalk and the turning lane. He further stated it may be possible to
revisit the landscaping portion in the future.
Q. What division of the government decided to remove all the vegetation from the
entrance way and allocate the money for the lights?
Kenneth Bloom outlined the original Project:
• Phase I — installation of the sidewalk beginning at Woodshire Lane
• Phase II — installation of the remaining sidewalk and all street lights
• Phase III — obtain required easements from the Condo Associations on Forest Lake
Boulevard and beautify the entrance into the community
Chairman Fogg concurred, stating we had the money at that time — before the recession.
Kenneth Bloom explained that last year, the Committee was informed the $1.2M in the
"Reserve" fund could not be utilized. The original budget was $1.2M.
X. COMMITTEE MEMBER COMMENTS
(None)
NEXT MEETING: JANUARY 7, 2014 AT 10:00 AM
FOREST LAKES CONDO ASSOCIATION CLUBHOUSE
1058 FOREST LAKE DRIVE, NAPLES, FL 34105
There being no further business for the good of the County, the Meeting was
adjourned by order of the Chairman at 2:20 PM.
10
November 19, 2013
FOREST LAKES ROADWAY AND
DRAINAGE MSTU ADVISORY
COMMITTEE
J-j - oj� 2 � -. �� 9
Robert J nes, Chairman
6� rl
The Minutes were approved by the Committee Chair on , 2014
"as submitted'", OR "as amended'[)( I.
I1