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Minutes 02/12/2018 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, February 12, 2018 at 3:00 PM at Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard,Naples, Florida. Present and constituting a quorum were: Thomas Cook Chairman Gary McClellan Vice Chairman Larry Minamyer Assistant Secretary Norman Day Assistant Secretary Quentin Greeley Assistant Secretary Also present were: Justin Faircloth District Manager Sam Marshall District Engineer Ralph Verrastro Bridging Solutions Tom Read Cedar Hammock Golf& Country Club Todd Legan Cedar Hammock Golf&Country Club Residents The following is a summary of the discussions and actions taken at the February 12, 2018 Cedar Hammock Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Cook called the meeting to order and Mr. Faircloth called the roll. SECOND ORDER OF BUSINESS Approval of Agenda Mr. Cook stated the Audience Comments will immediately follow the Bridging Solutions Bridge Report. On MOTION by Mr. Greeley seconded by Mr. Minamyer with all in favor the agenda was approved as amended. THIRD ORDER OF BUSINESS Old Business A. Bulkhead Presentation i. Bridging Solutions Email—January 18,2018 ii. Proposals/Discussion 1 February 12, 2018 Cedar Hammock CDD o Mr. Cook noted Mr. McClellan would first give a summary of the bulkhead project to date. Ralph Verrastro from Bridging Solutions would then be introduced to present the inspection report on the bridges and discuss possible actions regarding the bridges. Afterwards,audience comments would be allowed. o Mr. McClellan read a summary of the bulkhead project to date. A copy of his Synopsis of Discussions, Decisions and Actions by the Board of Supervisors of the Cedar Hammock CDD on Bulkheads will be included in the minutes. o Mr. Cook thanked Mr. McClellan for the hard work he put into preparing his report. o Mr. Cook noted when Mr. Day addressed the last Master Board meeting, he did it without the knowledge or approval of the rest of the CDD Board. He acted alone. When he said he was not there as a CDD representative, that was wrong. Once he started talking about CDD business, namely the bulkheads, that was representing the CDD and was inappropriate. He neglected to tell the audience, one week earlier he had voted with the other four Supervisors in favor of the Board's action, to monitor the bulkheads and to fix them when they need repair. Not reporting his support was wrong. Mr. Cook stated that he hopes to not experience this type of situation again going forward. o Mr. Faircloth introduced Ralph Verrastro of Bridging Solutions. o Mr. Vcrrastro reviewed the executive summary. o He recommended contacting Artistic Structures for immediate repairs. Mr. Faircloth noted that Artistic Structures had been contacted and will be visiting the District to look at the needed repairs. On MOTION by Mr. Minamyer seconded by Mr. McClellan with all in favor engaging Artistic Structures for the short term repairs with the understanding that the work would not be limited to Artistic Structures if they are not able to complete the repairs promptly was approved. o Mr. Verrastro recommended that all aprons be replaced as the bridges are replaced. On MOTION by Mr. Greeley seconded by Mr. Minayer with Mr. Minayer, Mr. McClellan, Mr. Greely and Mr. Cook voting aye and Mr. Day voting nay to accept the report and proceed with the 2 February 12,2018 Cedar Hammock CDD recommended short term and long term repairs as noted in the report. o The Board noted that the bridge on#17 is three and 1/2 years old and not 10 years old. o Mr. Day agreed emergency repairs should be done as soon as possible, but before investing a sizeable amount of money on any of the other bridges that arc going to be used for bulkhead work, it should be decided on what and when the bulkheads would be replaced because the bridges may not handle the type of bulkhead wall that will be put in. Mr. Day expressed the need to determine what would be done for the bulkhead walls due to the concern regarding bridges 4 and 5A. o Mr. Faircloth noted at the last meeting it was the consensus of the Board that the District would wait ten years to move forward with bulkhead replacement. o Mr. Cook requested Audience Comments begin. o Mr. Jacobsen took issue with the Engineer's Report where it stated the responsibilities of the Master Board in regard to the bulkheads and bridges. Mr. Jacobsen requested the ', word maintenance be changed to limited maintenance. On MOTION by Mr. Greeley seconded by Mr. Minamyer with all in favor the design and engineering services related to the repairs for the seven bridges by Bridging Solutions in the estimated amount of$18,000 including final design drawings/specifications, bidding services and construction engineering inspections was approved. o Bridging Solutions will look at the possibility of upgrading bridges 4 & 5 to a 10 ton bridge load rating if possible. o Mr. Cook presented a handout for possible repairs to be discussed at the next meeting. FOURTH ORDER OF BUSINESS Audience Comments o An audience member commented on the summary read aloud previously. o An audience member commented on CDD communication to the community. o An audience member voiced concerned with the Board postponing the bulkhead and the bridge repairs. o Mr. Bolton asked about insurance coverage should there be an incident regarding the bulkheads. 3 February 12,2018 Cedar Hammock CDD FIFTH ORDER OF BUSINESS New Business A. Bridging Solutions Bridge Report Discussed above. SIXTH ORDER OF BUSINESS Manager's Report A. Fiscal Year 2019 Draft Budget Presentation o The tentative budget was provided for review and included in the agenda package. B. Approval of the Minutes of the January 8,2018 Report Minor corrections were made to the minutes and will be incorporated into them. On MOTION Mr. Day seconded by Mr. Greeley with all in favor the minutes of the January 8, 2018 meeting were approved as amended. C. Acceptance of Financials o Mr. Faircloth reviewed the financials with the Board. Let the record reflect, Mr. Verrastro and Mr. Marshall left the meeting. On MOTION Mr. McClellan seconded by Mr. Greeley with all in favor the financial statements were accepted. SEVENTH ORDER OF BUSINESS Attorney's Report A. Approval of Resolution 2018-02 Spending Resolution o Mr. Cook noted such a resolution would be beneficial in the event of a catastrophic failure on a bulkhead, to be able to proceed immediately with repairs. o It was noted that the version of the resolution included in the agenda package was incorrect. o In Section 1, the blank for General Maintenance Expenses will be in an amount not-to- exceed$5,000. o In Section 2, the blank for Emergency Expenditures will be in an amount to expend no more than$50,000. 4 February 12, 2018 Cedar Hammock CDD Mr. Greeley MOVED to adopt Resolution 2018-02 as amended authorizing the disbursement of funds for payment of certain expenses for General Maintenance Expenses with a limit in an amount not-to-exceed $5,000 and for Emergency Expenditures in an amount to expend no more than $50,000 was adopted as amended and Mr.McClellan seconded the motion. o More discussion ensued on the resolution. On VOICE vote with all in favor the prior motion passed. SIXTH ORDER OF BUSINESS Manager Report(Continued) D, Follow Up Items o Mr. Faircloth noted he had conferred with District Counsel after being made aware that two supervisors were present at the last Master Association meeting. He noted that there could be a potential discussion at such a meeting of items that could come before the CDD Board for a vote and if multiple CDD members will be at such a Master Association meeting, it should be noticed as a CDD meeting. o Mr. Day asked if Mr. Faircloth was stating that CDD Supervisors could not go to a Master Association meeting if another Supervisor was present. o Mr. Faircloth noted that if the Board wanted the ability to attend such meetings, as residents, in order to comply with the Sunshine Law and avoid potential issues, the Master Association meetings should be cross noticed as CDD meetings. o Mr, Faircloth noted that in order for meetings to be cross noticed,three conditions needed to be met: o The meeting has to be open to the general public. o Minutes must be taken. o The meeting must be properly noticed. o Mr. Faircloth recommended the CDD cross notice the Master HOA meetings and also recommended future communication to the Master HOA Board from the CDD Board be completed via motion by the Board determining how the communication would be drafted and who would bring the communication to the Master HOA Board. o A very long discussion ensued on bidding on bulkhead walls. 5 February 12,2018 Cedar Hammock CDD o Mr. Cook stated the whole idea of cross noticing the meetings was dead in the water because the Cedar Hammock Master Association meetings are not open to the public. o Mr. Faircloth noted that if Board members have questions regarding attendance at Master Association meetings they should contact District Counsel. Audit Committee Meeting 1. Audit Committee Selection Process for Fiscal Year 2018 2. Establishment of RFT Evaluation Criteria 3. Authorization to Proceed with RFP On MOTION by Mr. Greeley seconded by Mr. McClellan with all in favor the Board of Supervisors was approved to act as the Audit Committee. On MOTION by Mr. Greeley seconded by Mr. McClellan with all in favor the RFP evaluation criteria was approved. On MOTION by Mr. Greeley seconded by Mr. McClellan with all in favor authorization to proceed with the RFP was approved. SIXTH ORDER OF BUSINESS Manager's Report (Continued) A. Fiscal Year 2019 Draft Budget Presentation o Mr. Faircloth spoke about the process of adoption of the budget. o At the next meeting,the tentative Fiscal Year 2019 budget will be approved. o At the May 21,2018 Board meeting,the Fiscal Year 2019 budget will be adopted. o Mr. Faircloth noted minor changes from last year's budget including an increase in Inframark's fee by 3%. EIGHTH ORDER OF BUSINESS Engineer's Report There not being any,the next item followed. NINTH ORDER OF BUSINESS Communication to Master Board o Mr. Cook commented on the presence of algae in the lakes. o Mr. Read responded noting he has been disappointed with the results as well. o Mr. Cook suggested visiting other communities and golf courses to look at their lakes and make a spread sheet with notes on what they do and the vendor they use. 6 February 12, 2018 Cedar Hammock CDD o Mr. Read noted Lake Masters is used by a number of communities throughout Southwest Florida and they have better results than those observed at Cedar Hammock. o Mr. Faircloth recommended water quality testing be done. ,Mr. McClellan MOVED to complete a water quality test and Mr. Greeley seconded the motion. o Discussion ensued on water quality testing. On VOICE vote with all in favor the prior motion was passed. TENTH ORDER OF BUSINESS Supervisor's Reports, Requests and Comments o Mr. Day noted he had two motions. But, first hoped the Board recognized that the community is very concerned about what is going on and that the Board should be listening to them. Mr. Day MOVED to get bids for a linear foot price rather than a total price to replace rotted cap boards on bulkheads and Mr. McClellan seconded the motion. o Discussion ensued on the above motion. o It was noted that it would take at least one month to get proposals back. The consensus of the Board was to move forward with repairs of the rotted bulkhead cap boards as soon as possible. o Mr. Day withdrew his prior motion. Mr. Day MOVED to have Bridging Solutions complete plans for Hole#16 for a wooden bulkhead to be constructed from the water side and a vinyl bulkhead with a small excavator from the shore without damaging the turf and to get contractor bids for each. Mr. McClellan seconded the motion. 7 February 12, 2018 Cedar I Iammock CDD o Mr. Cook noted at the January Board meeting it was determined that the approach would be to monitor the bulkheads and perform repairs as needed. Mr. Cook noted the position the CDD Board has taken is the most prudent. o Mr. Minamyer agreed noting that the approach being taken is the correct approach. o Mr. Day stated the Board should he looking more towards doing something rather than putting the replacement off. o Mr. Cook questioned whether the motion needed to be voted on stating he was not ready at present to vote on such a motion. o Mr. Faircloth noted there would be increased cost for a vinyl wall stating there are no plans currently for such a wall type. If the motion passed the Board would be authorizing the development of additional plans. o Mr. Faircloth inquired about how such a project would be funded presently. o Mr. Day stated take it out of the Roads. o Mr. Faircloth stated the balances in the reserve accounts and noted that the Board was looking at$190,000 in Bridge costs alone. Mr. Faircloth noted that the Board could get a five-year loan without having to get it validated, but if the term would be over five years, it would have to be validated which incurs further increased costs. o Mr. Cook noted he did not feel prepared to vote on the motion and requested time to consider the motion further. o Supervisors debated the issue. Mr. Cook MOVED to table the prior motion to the March 12, 20l 8 Board Meeting and Mr. Greeley seconded the motion. o Let the record reflect, Supervisors Cook, McClellan, Greeley and Minamyer voted in favor of the above motion with Mr. Day opposed. o Mr. Faircloth pointed out the motion that was made earlier did not include the dates and all the other information. In order for that motion to be considered, it would need to be changed. o The below motion will be tabled to March,2018. 8 February 12, 2018 Cedar Hammock CDD On MOTION by Mr. Day seconded by Mr. McClellan with all in favor the prior motion was revised to read for Bridging Solutions to complete plans for wooden bulkhead on Hole #16 to be constructed from the water and a vinyl bulkhead from shore without damaging the turf and complete the project between May 2019 to June 2019. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. McClellan seconded by Mr. Cook with all in favor the meeting was adjourned at 6:09 p.m. iOr (5. 1A---. 0-dt—T/e---„......s I Jitrin 'a'cloth Tom Cook t ccretary Chairman 9