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12/03/2015 Minutes rm ,,T By MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, December 3, 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 Dennis Gagne Assistant Secretary Richard Brodeur Assistant Secretary Also present were: Calvin Teague District Manager Ralph Verrastro Bridging Solutions,LLC Gonzalo Ayers Lake&Wetland Management Resident The following is a summary of the actions taken at the December 3, 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. Hubbard seconded by Mr. Gagne with all in favor Mr. Grant was authorized to participate in the meeting via telephone. SECOND ORDER OF BUSINESS Public Comments on Agenda Items There not being any,the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the October 1,2015 Meeting Mr. Teague stated each Board member received a copy of the minutes of the October 1,2015 meeting and requested any additions,corrections or deletions. December 3, 2015 Heritage Bay CDD On MOTION by Mr. Grant seconded by Mr. Gagne with all in favor the minutes of the October 1, 2015 meeting were approved. FOURTH ORDER OF BUSINESS Old Business A. Lake&Wetland Management Contract Discussion • Discussion ensued with regard to lake maintenance and concern was voiced over the performance of Lake&Wetland Management on Lakes 30A and B. • Mr. Gonzalo Ayers from Lake & Wetland Management commented on the expense to treat Lakes 30A and B due to Illinois Pond Weed and possibly adjusting their contract price for this. • After discussion the following direction was given: > The scope of service as prepared by staff is to be used and Lake & Wetland Management is to prepare a new contract to provide these services. • They will present two proposals; one for Lakes 30A and B and another for the rest of Heritage Bay. ➢ The proposal for Lakes 30A and B will be given to the Umbrella Association for their consideration to accept responsibility for maintenance of these two common lakes. Mr. Grant MOVED to have Lake & Wetland Management re-submit a bid;one for Lakes 30A and B;and another for a reduction to reflect Heritage Bay property. • Mr. May requested a competitive bid be obtained. Mr. Teague noted that if the Umbrella Association accepts maintenance of Lakes 30A and B then they would do the bidding and hire who they choose. After further discussion, 2 December 3, 2015 Heritage Bay CDD On VOICE vote with Mr. Grant, Mr. Hubbard, Mr. Gagne and Mr. Brodeur in favor and Mr. May opposed the prior motion was approved. • Mr. May commented on his reason for opposing the prior motion; voicing concern with individuals meeting with the Quarry and not notifying the Board. • The process of sharing information with the Board was addressed. The record will reflect Mr.Ayers left the meeting. B. Transfer of Environmental Resource Permit 11-02234-P from Lennar to the District Update • It was reported the permit has been approved by the Water Management District to be split between the Quarry and the Heritage Bay CDD. • Discussion ensued and it was recommended delaying executing the transfer until questions regarding specific areas of responsibility are resolved and to seek an extension until such time to work out an arrangement with the Quarry. C. Lake Management Program Discussion • A proposal from Vertex Water Features to provide a full range of lake assessment reports was reviewed. • It was decided a more comprehensive monitoring program is desired and the new engineering firm will be requested to develop a program and budget to meet the needs as identified by the BOS. D. Umbrella Association Update • It was reported the Chairman and District Manager met with the Quarry's Chair and DM to discuss the permit transfer concerns; the role of the Umbrella Association; possibility of the Umbrella Association taking over maintenance of Lakes 30A and B; and several other common issues between the two organizations. • Mr. May addressed the maintenance and ownership of a control structure; continuity on inspection and maintenance; and reimbursement to the CDD for this responsibility. 3 December 3, 2015 Heritage Bay CDD • Written communication from their CDD to allow property access; and requirement of an agreement was addressed. • The BOS discussed the need for better communications and the lack of maintenance on a control structure west of the Quarry's entrance. • This item will be discussed at the January meeting. Mr. May will report back to the Umbrella Corporation;and the BOS will wait for determination by them. • Discussion ensued with regard to sharing information with the Quarry CDD to educate and enhance their role. E. Lake 15 Homeowner Repairs Update • Mr. Hubbard gave an update on the drainage issue that a homeowner requested CDD assistance on. Survey information was provided to the homeowner showing the back yard landscape areas around his lanai were at a higher elevation than his lanai. The drainage swales also had issues. The homeowner agreed to approach Lennar to address the grade issues and the HOA to address irrigation concerns along the south side of his property. FIFTH ORDER OF BUSINESS New Business A. Bridge Project Bid Award • Mr. Verrastro presented a summary sheet of the bids for the bridge embankment project; a copy of which is attached for the record • The proposals were reviewed. Mr. Grant MOVED to accept the proposal from the low bidder, TSI Disaster Recovery, LLC in the amount of $188,750 and Mr.May seconded the motion. • The prior motion and including an alternate for rip rapping three quadrants for an additional $62,900 was discussed. On VOICE vote with all in favor the prior motion with the inclusion of the alternate in the amount of$62,900 for rip rapping three quadrants was approved. 4 December 3, 2015 Heritage Bay CDD B. Bridging Solutions Change Order Proposal • A Change Order from Bridging Solutions for construction management of the wall repair project in the amount of$12,206 was reviewed. • This is a reduction from their first proposal because the number of weekly inspections being performed is less. On MOTION by Mr. Hubbard seconded by Mr. May with all in favor the Bridging Solutions Change Order in the amount of$12,206 was approved. • Mr. Verrastro will prepare the contract with TSI Disaster Recovery for execution by the Board. On MOTION by Mr. Gagne seconded by Mr. May with all in favor the Chairman was authorized to execute the contract with TSI Disaster Recovery as completed by Bridging Solutions and reviewed by District Counsel. C. Engineering Selection • The Engineering Selection Committee interviewed engineering firms and submitted evaluation information for review by the Board. • The Board ranked CPH#1 and Hole Montes#2. On MOTION by Mr.Brodeur seconded by Mr. Gagne with all in favor CPH was selected as the District engineering firm. • The District Manager will negotiate the contract with CPH subject to review by District Counsel. The contract will be sent to Mr. Gagne and Mr. Brodeur for review. D. Stantec Consulting Services Proposal • A proposal in the amount of$5,000 from Stantec Consulting with regard to the District's request for information was discussed. 5 December 3, 2015 Heritage Bay CDD On MOTION by Mr. May seconded by Mr. Gagne with all in favor the $5,000 proposal from Stantec Consulting to reproduce District records in their possession was rejected. SIXTH ORDER OF BUSINESS Manager's Report Mr.Teague addressed the following: A. Consideration of Second Amendment to the Management Advisory Services Agreement Between Heritage Bay CDD and Severn Trent Environmental Services,Inc. • Mr. Teague addressed amending the Severn Trent Management Contract to include direct billing $75 per lot per estoppel. These fees will not be paid by the District but billed directly to the requester for the service. On MOTION by Mr. Hubbard seconded by Mr. Brodeur with all in favor the Second Amendment to the Management Advisory Services Agreement between Heritage Bay CDD and Severn Trent Environmental Services, Inc. for direct billing of estoppel letters was approved. B. Approval of Financials,Check Register and Invoices • The financials for the period ending September 30,2015 were reviewed. On MOTION by Mr. Gagne seconded by Mr. May with all in favor the September 30,2015 financials were accepted. C. Motion to Assign Fund Balance • A motion to assign fiscal year 2015 fund balance as of September 30, 2105 as follows: Reserves-Operating $60,124 and Reserves-Erosion Control $14,687 was presented. On MOTION by Mr. May seconded by Mr. Gagne with all in favor assigning the fund balance as of September 30, 2015 was approved. 6 December 3, 2015 Heritage Bay CDD D. Amending Fiscal Year 2015 Budget,Resolution 2016-2 • Resolution 2016-2 amending the fiscal year 2015 budget was reviewed. On MOTION by Mr. May seconded by Mr. Gagne with all in favor Resolution 2016-2 amending the general fund budget for fiscal year 2015 was adopted. E. Arbitrage Report for Series 2014 Bonds • The Arbitrage Rebate Report for the Capital Improvement Revenue Refunding Bonds, Series 2014 was reviewed. On MOTION by Mr. Gagne seconded by Mr. Brodeur with all in favor the Arbitrage Rebate Report for the Capital Improvement Revenue Refunding Bonds, Series 2014 was accepted. F. Engagement Letter with LLS Tax Solutions to Provide Arbitrage Services • The Engagement Letter with LLS Tax Solutions to provide arbitrage services was presented. On MOTION by Mr. Gagne seconded by Mr. Brodeur with all in favor the Engagement Letter with LLS Tax Solutions to provide arbitrage services was approved and the Chairman was authorized to execute same. G. Field Manager's Report • The Field Management Reports for site inspections conducted on October 21, 2015 and November 18, 2015 were reviewed;copies of which are attached for the record. • Grass clippings,tree replacement and weed harvesting was addressed. H. Follow Up • Items were previously addressed. Mr. Teague commented that better communications will be implemented to keep the BOS informed on activities between meetings. 7 December 3, 2015 Heritage Bay CDD SEVENTH ORDER OF BUSINESS Attorney's Report There being no report,the next item followed. EIGHTH ORDER OF BUSINESS Engineer's Report There being no report,the next item followed. NINTH ORDER OF BUSINESS Supervisors' Requests and Audience Comment • Improvement of communication efforts especially when the District Manager and Chairman meet with others and providing updates was addressed. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Hubbard seconded by Mr. Gagne with all in favor the meeting was adjourned at 11:13 a.m. Calvin Tea , /y Edwin Hubbard Secretary ��� Chairman 8 II II