Heritage Bay Minutes 08/02/2018 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, August 2, 2018 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
John May Vice Chairman
Jack Arcurie Assistant Secretary
Dennis Gagne Assistant Secretary
Donna Hunter Assistant Secretary
Also present were:
Justin Faircloth District Manager
Jeffrey Satfield CPH
Daniel Moyer CPH
Gonzalo Ayres Lake & Wetland Management
The following is a summary of the actions taken at the August 2, 2018 Heritage
Bay Board of Supervisors meeting.
FIRST ORDER OF BUSINESS Roll Call
Mr. Faircloth called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of Agenda
On MOTION by Mr. Arcurie seconded by Mr. Gagne with
all in favor the agenda was approved.
• The Board agreed to discuss certain items later in the meeting when Mr. May
arrives.
August 2, 2018 Heritage Bay CDD
THIRD ORDER OF BUSINESS Public Comments on Agenda
Items
There not being any, the next item of business followed.
FOURTH ORDER OF BUSINESS Engineer's Report
A. Bathymetric Update
• Mr. Satfield introduced Mr. Daniel Moyer who will be working with him on
Heritage Bay projects.
• Mr. Satfield reviewed the revised documents with the Board. He outlined items,
highlighted in red on the diagrams, to watch for possible erosion concerns over
time.
• Inframark will monitor the marked areas on monthly inspections to notate any
further developments as potential areas of concern.
B. Project Updates
i. Lake Bank Restoration Update
• CPH reviewed the status of the projects. The lack of rip rap on the L5L6 pipe was
discussed.
The record will reflect Mr. May joined the meeting.
• Staff reported that Greg Haas from Q.E. had requested the ability to delay the
modifications to the control structure on Lake 30B until the water recedes and the
area is dry once again.
• Discussion ensued and it was noted District Counsel will need to make sure any
changes are within time frame limitations for use of construction account funds.
Mr. Hubbard MOVED to amend the contracts delaying
acceptance of the modifications on the outfall structure of
Lake 30B allowing Q.E. to perform the work when the area
is dry as well as delaying acceptance of the work on L5L6
until the waters recede when CPH can complete an
inspection to determine if the work completed by Q.E. is
satisfactory on structure L5L6; subject to review by District
Counsel, CPI I, and acceptance by the Chairman.
Additionally, appropriate retainages to be withheld and
specifying timelines for full project completion and Ms.
Hunter seconded the motion.
• The prior motion was discussed.
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August 2, 2018 Heritage Bay CDD
On VOICE vote with all in favor the prior motion was
approved.
• Discussion ensued with regard to a question from Greg Haas on the payment for
sod along 30B. Staff will follow up with Mr. I-Iaas explaining the agreement
terms.
SEVENTH ORDER OF BUSINESS New Business
A. QE Proposals for North Bank of Lake 20 and East Bank of Lake 30A
• CPH provided a proposal from Q.E.for the work on the cast bank of Lake 30A.
No other proposals were received.
• Discussion ensued with regard to lake bank proposals.
'Mr. Hubbard MOVED to approve the proposal from Q.E.
for hurricane lake bank repairs on Lake 30A in the amount
'of$260,669.20 with the understanding the irrigation piping
is not to be covered by rip rap. All irrigation should be
:moved or new lines installed not exceeding the contingency
allotment of $23.619, if determined to be an additional
necessary item by CPH, and Mr. May seconded the motion.
• The prior motion was discussed.
i. Supplemental Stormwater Repair Project Construction Agreement
• The proposed Construction Agreements with Quality Enterprises USA, Inc.
(Q.E.) were reviewed. The Board requested the proposed contracts be amended
to allow Q.E. to work until 6:00 p.m. each day and granting 90 calendar days to
complete the project.
• CPH to work with Q.E. to determine the additional mitigation work costs to
submit to FEMA as 406 mitigation.
Mr. Hubbard MOVED to amend the prior motion to
include that the proposed contract be amended to allow
Q.E. to work until 6:00 p.m. each day and granting 90
calendar days to complete the project and Mr. May
seconded the motion as amended.
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August 2, 2018 Heritage Bay CDD
On VOICE vote with all in favor the prior motion was
approved as amended.
ii. Lake 20 Project Construction Agreement
On MOTION by Mr. Hubbard seconded by Mr. May with
all in favor to direct District Counsel to develop a contract
for the north bank of Lake 20 with a not to exceed amount
of S150,000.00; subject to CPH and Chairman approval;
and to allow the contractor to work until 6:00 p.m. each day
and granting 90 calendar days to complete the project with
contract selection to be awarded based off of the bids
received was approved.
• District Counsel will initiate the contract with the vendor. CPH will review the
bids with the Chairman at 5:00 p.m. on August 8,2018.
B. Resolution 2018-10 Adopting Amended Supplemental Engineer's
Report and Amended Supplemental Assessment Allocation Report
On MOTION by Mr. Arcurie seconded by Ms. Hunter with
all in favor Resolution 2018-10 supplementing Resolutions
2018-6 and 2018-9, adopting an amended Supplemental
Engineer's Report for Heritage Bay CDD prepared by
CPM, Inc. and dated August 1, 2018 describing the
supplemental project of the District; adopting an amended
Supplemental Assessment Allocation Report for Capital
Improvement Revenue Refunding Bonds, Series 2018A-1
and Capital Improvement Revenue Bonds, Series 2018A-2
prepared by Inframark, LLC and dated July 30, 2018; and
providing for severability, conflicts, and an effective date
was adopted.
• Status of CPH contracts were reviewed.
• Mr. Satfield reported that the scope for the water testing needs to be reviewed as
the cost to utilize a boat to take muck samplings had not been incorporated in
the proposal presented previously to the Board. As it stands muck samples will
be determined via wading into the littoral shelf.
The record will reflect Mr. Suffield and Mr. Moyer left the meeting.
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August 2, 2018 Heritage Bay CDD
EIGHTH ORDER OF BUSINESS Manager's Report
The record will reflect Mr. Ayres joined the meeting.
E. Lake&Wetland Management Monthly Inspection and Service Reports
• Mr.Ayres reviewed the July Lake&Wetland inspection and service reports.
• It was agreed LWM would place any clippings collected on Lake 30A east of the
pier in a less visible area.
• LWM will look to install littorals next spring on the west bank of Lake 20. These
are plantings owed for damage previously caused to littorals in the lagoon area on
Lake 19.
The record will reflect Ms. Hunter and Mr. Ayres left the meeting.
FIFTH ORDER OF BUSINESS Attorney's Report
A. 30A/30B Boating Regulations Update
• No updated information at this time.
SIXTH ORDER OF BUSINESS Old Business
A. Lake Bank Repair& Maintenance Guidelines
• Item was tabled indefinitely.
SEVENTH ORDER OF BUSINESS New Business(continued)
C. Public Hearing Preparation Discussion
• Process of conducting the public hearing was reviewed.
EIGHTH ORDER OF BUSINESS Manager's Report(continued)
A. Approval of the Minutes of the July 12,2018 Regular Meeting
Mr. Faircloth stated each Board member received a copy of the July 12, 2018
meeting and requested any additions, corrections or deletions.
On MOTION by Mr. May seconded by Mr. Arcurie with
all in favor the minutes of the July 12, 2018 meeting were
approved.
B. Acceptance of Financials
• The financials for the period ending June 30,2018 were reviewed.
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August 2, 2018 Heritage Bay CDD
On MOTION by Mr. May seconded by Mr. Gagne with all
in favor the June 30, 2018 financials were accepted.
C. Discussion of Fiscal Year 2019 Modified Budget
• The modified tentative fiscal year 2019 budget was reviewed.
D. Field Manager's Report
• The Field Management Report for site inspection conducted on July 21, 2018 was
reviewed; a copy of which is attached for the record.
E. Lake&Wetland Management Monthly Inspection and Service Reports
• This item was previously discussed.
F. Follow Up Items
• Status of items were reviewed with the Board.
• FEMA Recovery Policy; Public Assistance (PA) Direct Administrative Costs
(DAC)as it applies to the District was discussed.
On MOTION by Mr. Gagne seconded by Mr. Hubbard
'with all in favor to select the Public Assistance Alternative
Procedures for Direct Administrative Costs for Hurricane
Irma in terms of filing with FEMA was approved.
NINTH ORDER OF BUSINESS Supervisors' Reports,Requests
and Comments
• Supervisor May commented that an invoice related to the Cost of Issuance had
been received and paid.
• Supervisor Gagne commented on the pipes floating in the lake.
TENTH ORDER OF BUSINESS Chairman's Comment
• Chairman Hubbard commented that irrigation repairs would begin to be
outsourced with Buttonwood staff.
• He discussed the efforts of the irrigation technician, Brett, who has done a
wonderful job assisting with the various projects with Q.E. It was noted the
Board is not allowed to do anything for him other than thanking him for his
efforts.
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August 2, 2018 Heritage Bay CDD
ELEVENTH ORDER OF BUSINESS Audience Comments
There not being any,the next item followed.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Mr. Hubbard seconded by Mr. May with
all in favor the meeting was adjourned at 11:45 a.m.
_ .g-1<;;LA.
ustin Faircloth Edwin Hubbard
Secretary Chairman
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