07/09/2015 Minutes MINUTES OF MEETING
HERITAGE BAY ---
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COMMUNITY DEVELOPMENT DISTRICT
The regular meeting of the Board of Supervisors of the Heritage Bay Community
Development District was held on Thursday, July 9, 2015 at 9:00 a.m. in the Heritage
Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples, Florida.
Present and constituting a quorum were:
Edwin Hubbard Chairman
Ronald Grant Vice Chairman(via telephone)
John May Assistant Treasurer(via telephone)
Dennis Gagne Assistant Secretary
Richard Brodeur Assistant Secretary
Also present were:
Calvin Teague District Manager
Justin Faircloth Assistant District Manager
Greg Urbancic District Counsel
Jack Osborn Umbrella Association President
Suzanne Lemons Resident
The following is a summary of the actions taken at the July 9, 2015 Heritage Bay
Board of Supervisors meeting.
FIRST ORDER OF BUSINESS Roll Call
Mr. Teague called the meeting to order and called the roll.
On MOTION by Mr. Brodeur seconded by Mr. Gagne with
all in favor Mr. Grant and Mr. May were authorized to
participate in the meeting via telephone.
SECOND ORDER OF BUSINESS Public Comments on Agenda Items
There were no comments from the public.
THIRD ORDER OF BUSINESS Approval of the Minutes of the May 7,
2015 Regular Meeting and May 20,
2015 Continued Meeting
July 9, 2015 Heritage Bay CDD
Mr. Teague stated each Board member received copies of the minutes of the
May 7, 2015 regular meeting and May 20, 2015 continued meeting and requested any
additions,corrections or deletions.
It was requested the following be added to the May 20th minutes under the
Fourth Order of Business:
• Mr. May commented that the CDD had put a warning buoy in and the CDD
should send a letter to the Quarry informing them of the installation cost and
that No Wake Zone restrictions are in place and a sign should be installed
notifying boaters.
On MOTION by Mr. Gagne seconded by Mr. May with all
in favor the minutes of the May 7, 2015 and May 20, 2015
meetings were approved as amended.
FOURTH ORDER OF BUSINESS Old Business
D. Mutual Memorandum of Understanding with Heritage Bay Golf&
Country Club
Mr. Hubbard reported he met with Jerry Hollinden, Bob Lucas, Jack Osborn and
the decision was made that in as much as the permit is in our hands that all work which
had originally been assigned to the CDD would continue to be assigned to the CDD, i.e.
control structures.
• Mr. Osborn was asked to comment on the Umbrella Association.
FIFTH ORDER OF BUSINESS New Business
A. Umbrella Association Update from President Jack Osborn
• Mr. Jack Osborn reviewed the Umbrella Association structure and function.
• The ERP permit was split between the Quarry and Heritage Bay with HB
retaining permit responsibility for Lakes 30A and B.
• The CDD owns and will accept the responsibility for the permit once converted
from construction to O&M.
• The Umbrella Association would like to be responsible but the Engineer has
explained that the SFWMD prefers it to be the CDD.
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July 9, 2015 Heritage Bay CDD
FOURTH ORDER OF BUSINESS Old Business(continued)
D. Mutual Memorandum of Understanding with Heritage Bay Golf&
Country Club
• The current Memorandum of Understanding was reviewed as revised; a copy of
the amended and restated Mutual Memorandum of Understanding is attached for
the record.
(Mr. Hubbard MOVED to accept the amended and restated
Mutual Memorandum of Understanding which refers to the
Heritage Bay CDD as holder and permittee of water permit
and Mr. Brodeur seconded the motion.
• Discussion ensued with regard to the continued functionality and responsibility of
the Umbrella Association.
• The Umbrella Association maintaining reserve funds was addressed.
• Discussion ensued with regard to maintenance responsibility. It was suggested a
tri-party agreement between the CDDs, assuming they are responsible for
maintaining, along with the Umbrella Association be put in place.
• Responsibility of Lakes 30A and B was addressed and it was determined costs are
still an issue and the District Manager is to summarize all cost incurred by the
Heritage Bay CDD to date and share them with the Umbrella Association for
consideration of reimbursement. This will be placed on the September agenda for
discussion with any other issues related to the permit and maintenance of the
lakes.
On MOTION by Mr. Hubbard seconded by Mr. Brodeur
with all in favor the prior motion to approve and authorize
the Chairman to sign the amended and restated Mutual
Memorandum of Understanding which refers to the
Heritage Bay CDD as holder and permittee of water permit
was approved.
The record will reflect Mr. Osborn left the meeting.
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July 9, 2015 Heritage Bay CDD
A. Bridge Wall Project Update
• Mr. Hubbard gave an update on the bridge wall project and presented a memo
summarizing the meeting he had with Mr.Verrastro.
• The 90%plans as prepared by Bridging Solutions were reviewed.
• Mr. Hubbard summarized the changes he had suggested to the Engineer to insure
the BOS was in agreement with them. There were no objections from the Board
and the project is scheduled for a December 2015 bid letting.
B. Littoral Planting Update
• Mr. Faircloth reported on the status of the project noting the littoral plantings are
doing well.
• Maintenance and filling in of littorals was addressed.
C. FY 2015 Lake Bank Repair Project Update
• A lake bank restoration summary balance sheet was presented with the status of
each identified; a copy of which is attached for the record.
• To date $39,010 has been billed and $38,641.50 of that paid. All approved
projects for FY 2015 are completed except for $368.50 being retained until work
is completed.
• Proposals from Copeland Southern Enterprises, Inc. and Southwest Development
Services, Inc. for additional work on Lake 5 were reviewed.
• The repair is necessary to avoid damage to the cart path on the southern portion of
Lake 5 just before the bridge on the golf course side.
On MOTION by Mr. Hubbard seconded by Mr. Gagne with all
in favor the proposal from Copeland Southern Enterprises in `
the amount of$3,375 for repair work on Lake 5 was accepted.
• A proposal from M.R.I.UnderWater Specialists,Inc.to remove sand and debris
from a lake interconnect pipe was reviewed.
• The pipe was found clogged by Landshore while they were removing large stones
from the mouth of the pipe during repair work on Lake 20.
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July 9, 2015 Heritage Bay CDD
On MOTION by Mr. Brodeur seconded by Mr. Gagne with all
in favor the proposal from M.R.I. UnderWater Specialists in
the amount of$2,400 in the amount of$3,375 for repair work
on Lake 20 was accepted.
FIFTH ORDER OF BUSINESS New Business (continued)
B. Discussion on Engineering Services
• Discussion ensued with regard to the District Engineer, David Wilkison, leaving
Stantec and the District soliciting proposals for engineering services.
• Request for Qualifications will be prepared as required under the Consultants
Competitive Negotiations Act. Hiring of an environmental/civil engineer was
addressed.
On MOTION by Mr. Gagne seconded by Mr. Brodeur with all
'in favor the District Manager was authorized to solicit for
qualifications for District Engineer.
C. Water Testing Proposal—Dennis Gagne
• Mr. Gagne reviewed suggestions on a lake quality maintenance process including
water quality testing.
• Mr. Teague presented an example of a water sampling report prepared for another
district he manages, Heritage Oak Park; a copy of which is attached for the
record.
• The Board requested a refined program or plan including costs be prepared for
consideration. Mr. Faircloth and Ms. Meadows will work with Mr. Gagne on a
suggested program.
D. Escambia Bay Ct.Homeowner Repair
• Mr. Hubbard provided an overview of the issue and potential solution to the
property elevation levels as provided by the contractors.
• A proposed letter to two property owners on Escambia Bay Ct. identifying costs
to address flooding issues resulting from the elevation of their rear properties was
reviewed. The cost to correct the issue is $5,775 and it was proposed the costs be
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July 9, 2015 Heritage Bay CDD
split and the CDD oversee these improvements if they want to have them
corrected.
• There were no objections from the Board and the letters will be sent.
SIXTH ORDER OF BUSINESS Manager's Report
Mr. Teague addressed the following:
A. Approval of Financials,Check Register and Invoices
• The financials for the period ending May 31,2015 were reviewed.
[On MOTION by Mr. Hubbard seconded by Mr. Brodeur with
all in favor the May 31,2015 financials were accepted.
B. Acceptance of Fiscal Year 2014 Audit
• Mr.Teague presented the Fiscal Year 2014 Audit for acceptance; a copy of which
is attached for the record. Hard copies were also distributed.
➢ This is considered a clean audit.
➢ There were no recommendations and everything is in compliance.
• District Counsel commented that on page 13 they reference that all the
Supervisors are elected by the owners of the property within the District; which is
incorrect. This is done by the registered qualified electors within the District. It
was requested this be corrected prior to filing with the State; if not, this should be
corrected for the next year.
There being no further discussion,
On MOTION by Mr. Gagne seconded by Mr. Grant with all in
favor the fiscal year 2014 audit was accepted and the Chairman
was authorized to sign the financial report as amended.
C. Discussion of Items to be Presented at the August 6,2015 Public Hearing
• Mr. Hubbard commented he wanted to prepare a presentation on the budget for
the public hearing including improvements and what the CDD is involved in. The
feeling is that this will better identify why an increase is necessary.
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July 9, 2015 Heritage Bay CDD
D. Field Manager's Report
• The Field Management Report for the site inspection conducted on June 23, 2015
was reviewed; a copy of which is attached for the record.
• It was requested the report be placed on the website.
E. Follow Up
• The loan has been approved and is in the process of being finalized.
SEVENTH ORDER OF BUSINESS Attorney's Report
• Mr. Urbancic commented on the legislative session noting some of the pending
bills affecting CDDs died.
EIGHTH ORDER OF BUSINESS Engineer's Report
A. Transfer of Environmental Resource Permit 11-02234-P from Lennar to
the District
• A memorandum prepared by the District Manager on permit status is attached for
the record.
On MOTION by Mr. Grant seconded by Mr. Gagne with all in
favor the Chairman and District Manager were authorized to
sign the documents as necessary to complete the transfer of the
permit from construction to operation and maintenance.
NINTH ORDER OF BUSINESS Supervisors' Requests and Audience
Comments
There not being any,the next item followed.
TENTH ORDER OF BUSINESS Adjournment
There being no further business,
On MOTION by Mr. Brodeur seconded by Mr. Hubbard with
all in favor the meeting was adjourned at 11:21 a.m.
Calvin T-. - 1 Edwin Hubbard
Secretary ® Chairman
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