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Minutes 01/07/2019 (Reconvened from 11/12/18) MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The meeting of the Board of Supervisors of the Cedar Hammock Community Development District held on Monday, November 12, 2018 at 1:00 p.m. was reconvened on Monday, January 7, 2019 at 3:00 p.m. Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard,Naples,Florida. Present and constituting a quorum were: Norman Day Chairman Quentin Greeley Vice Chairman Gene Bolton Assistant Secretary John Martino Assistant Secretary Jack Rupe Assistant Secretary Also present were: Justin Faircloth District Manager Dan Cox District Counsel Tom Read Cedar Hammock Golf&Country Club Todd Legan Cedar Hammock Golf&Country Club Wendell Gaertner(via telephone) PRAG Residents The following is a summary of the discussions and actions taken at the January 7, 2019 Cedar Hammock Board of Supervisors continued 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 o Mr. Day requested Items A and B under Old Business he moved to New Business. On MOTION by Mr. Greeley seconded by Mr. Day with all in favor the a_enda was a s e roved as amended. THIRD ORDER OF BUSINESS Audience Comments There not being any,the next item followed. FOURTH ORDER OF BUSINESS Organizational Matters A. Oath of Office January 7,2019 Cedar Hammock CDD Continued Meeting o Mr. Faircloth, being a Notary Public of the State of Florida, administered the oaths of office to Mr. Bolton and Mr. Martino. B. Election of Officers—Resolution 2019-02 o Mr. Greeley nominated Mr. Day as Chairman. There were no objections. o Mr. Rupe nominated Mr. Greeley as Vice Chairman. There were no objections. On MOTION by Mr. Greeley seconded by Mr. Day with all in favor Resolution 2019-02 designating officers of Cedar Hammock CDD as follows: Norman Day as Chairman, Quentin Greeley as Vice Chairman, Justin Faircloth as Secretary, Stephen Bloom as Treasurer, Alan Baldwin, Assistant Treasurer, Jack Rupe as Assistant Secretary, Gene Bolton as Assistant Secretary and John Martino as Assistant Secretary,was adopted. FIFTH ORDER OF BUSINESS Old Business A. Golf Cart Bridge Repairs B. Artistic Structures Proposal to Repair Bulkheads#4 and #5 o These items were tabled to later in the meeting. SIXTH ORDER OF BUSINESS New Business A. Supervisor Cook Proposed Bridges and Bulkheads Base Plan i. Ingenium,Inc. 50%Design Drawings o Mr.Faircloth received design drawings today from Bridging Solutions. o Mr. Carl Hazenberg of Ingenium and Mr. Ralph Verrastro of Bridging Solutions will be attending the January 14,2019 Board Meeting. o Mr. Day noted when we hired Mr. Verrastro to do this work, we asked him about doing the bulkhead wall along hole#5/Lake 11. He said it should not be a problem. o Mr. Day noted we should have that added so we can put the bid out at the same time. o Mr. Day will follow up with Mr. Verrastro. o Mr. Faircloth noted this will be more than $195,000 for repairs; it will definitely be a public bid. We will need Mr. Cox's input to develop the RFP's for both this and the bridge proposal as well. This will be discussed at the next meeting. o Mr. Day noted Bridging Solutions will have input next week, but one consideration is whether we replace the entire top of the deck and leave the pilings in place. We have not received information that they are rotten out. 2 January 7,2019 Cedar Hammock CDD Continued Meeting o Mr. Day noted that is the reason why he wants a pre-bid meeting on-site so every contractor looks at the situation and can work things out between each other. o Mr. Greeley suggested going on the Internet and look up IPE, wood decking, Brazilian product. It does not crack the way Southern Yellow Pine does. o Mr. Day asked the Board if they had seen the Request for Proposals from Bridging Solutions. o Mr. Faireloth noted it was only sent to Mr. Day. The rest of the Board will receive it in the January 14th agenda package. o Mr. Day noted you cannot put the bridge in until the bulkhead is in. You cannot get the bulkheads in anywhere near the timeframe we are talking about. There will be some overlap. Maybe we can get bridge 5A in this year; 5B cannot go in until next year. o Mr. Marshall noted he and Mr. Verrastro will discuss funding this work. If Mr. Verrastro took another 30 days to get his plans ready and the bid process takes at least two weeks,then if the work is awarded a month after;we can tell the contractor when we want them to start. o Mr. Day noted an ideal situation would be getting the bids out and received back to us by the end of February. Maybe we cannot do the bridges that quick, but we can do the bulkheads that quick. Hopefully, we can start working in March because you are going to need the whole summer to get the bulkheads on#5 in place. o A long discussion ensued on the time frames of putting in the bulkheads and the bridges. ii. Financial Advisor Discussion—PRAG Information o Mr.Faircloth noted PRAG information is in the agenda package. o The Board discussed several times hiring a Financial Advisor to help through the process of finding the funding for this whether it is a short term loan or through a bank or other options you may have.He gave Mr. Day a number of names of Financial Advisors that he knows of. o We received information from PRAG. Mr. Wendell Gaertner, of PRAG, is available by telephone today to answer questions on their proposal. o Mr.Bolton wanted to know if there is a limit on what we can borrow short term. o Mr. Cox noted if the commitment is less than five years, you do not have to go through the validation process. o Validation is you go before a judge and we say this is a community development district established under Statute 190 and we have powers laid out in the State Charter. One of those 3 January 7,2019 Cedar Hammock CDD Continued Meeting is to borrow money and issue debt and secure repayment with non-ad-valorem special assessments and levied against all benefitted properties. o He described the methodologies used to levy the assessments, call the appropriate public hearings and advertisements in specific timeframes. The judge issues an order stating, "Everything looks good, you did everything you were supposed to do,you have the power to issue the bonds,you have the power to levy the special assessments." o Mr. Cox spoke about his Amended Engagement Letter with the rates he will be charging, including the charge of$10,000 to prepare and prosecute the required validation. o He noted he does not understand why we need to do this bonding this year. He also noted if you work with your depository bank,they may even give you a better rate and may figure out a way that makes sense to you. The Board agreed. o Mr. Day noted if we can get these bids going out roughly in the timeframe we just talked about, we can then put spreadsheets together that will put all of the bids on a timetable so we have a better idea of what money we need. We are guessing at too much right now. o The Board decided to call Mr. Gaertner, of PRAG, Financial Advisor, however, he was unavailable. o Mr. Faircloth noted the Board was interested in getting an initial review from PRAG,which would cost $5,000. He told the Board they could commit to'only the $5,000 and if we proceed further with PRAG, it would be an additional amount. o Mr. Gaertner called in to the meeting. He reviewed his financial plan. B. Bridging Solutions Change Order#1 o If we were going to change the location of the bridges,there was going to be a fee. o We decided at the last meeting,we would not. C. Triploid Grass Carp Proposal o Mr.Faircloth noted we moved at the last meeting to go forward. o Mr. Marshall has been in the process of reviewing the requirements and contacted Fish & Wildlife Conservation(FWC)and the South Florida Water Management District(SFWMD). o He noted SFWMD did not want anything to do with carp permitting. FWC sent us an application to fill out. Maybe the contractor can provide us with a sketch of what they want to build,which will allow the water to flow through. 4 January 7,2019 Cedar Hammock CDD Continued Meeting o Mr. Marshall will provide information for the necessary grates to install carp in the desired lakes. o Mr. Faircloth asked Mr. Marshall for a new map to include road drainage and pipes. Hole#s should also be included. D. Golf& Country Club Proposal for Littoral Installation o Mr. Faircloth received a proposal from the vendor yesterday. He responded to the vendor yesterday and asked is this just for the homeowners' side or is it for the entire community? The Board will only approve the homeowners' side. Once he receives confirmation, we can proceed. o He noted this is not the time to plant littorals. You should wait until at least March. E. Rear Gate Camera System Proposal o Mr. Faircloth noted we signed a contract and submitted a payment. The cost is over$11,000. SEVENTH ORDER OF BUSINESS Manager's Report A. FEMA Public Assistance Eligibility Determination o Mr. Faircloth noted we received responses from FEMA on two projects. The gate system was the first project they responded to. FEMA denied coverage to us stating they did not believe the CDD is not the primary responsible party. The CDD is not charged with the responsibility of overseeing the maintenance. Your maintenance agreement is with the Master Association. o Mr. Faircloth does not agree with that assessment. Your attorney does not agree with that assessment, which is why Mr. Cox is here today. o FEMA also denied coverage for the lake bank work. FEMA stated this is a private community. o Mr. Read noted FEMA normally would come in after a storm like Hurricane Irma and clean up the roads,but because we are not public roads,they consider us private. They do hospitals, they do schools, all those parking lots and all those public roads first. They think the CDD will probably get tired of waiting, which is what a lot of places do. Its six to eight months that they would not get to us and we could not let all the debris out there. We are forced into picking it up. That is where these negotiations come in. o Mr. Faircloth noted we are talking about$25,000. o Mr. Cox noted we need to show the lake bank erosion is directly due to Hurricane Irma. 5 January 7,2019 Cedar Hammock CDD Continued Meeting o Mr. Cox noted in Chapter 190 you are authorized to own, operate and maintain these public facilities, which includes roads, bridges, culverts, lakes, security facilities. You have an argument on the lake and the gatehouse. On MOTION by Mr. Greeley seconded by Mr. Bolton with all in favor appealing the decision by FEMA regarding the grant application for the damages that occurred as a result of Hurricane Irma to the entrance/exit gates was approved. o Mr. Faircloth noted next is the removal of debris. It is $6,260.50 for the first removal of debris. o Mr. Cox noted if we can show them that it was in your right-of-way,they'll cover it. o Mr. Faircloth noted it is hard to fight this battle because they just wear you down. o Mr. Faircloth noted my only concern is if they accept this and we move forward with the $6,000 and we get it funded by the State, does that mean the challenge for any other debris is gone because we accepted it? Mr. Cox responded no. o Mr. Faircloth asked Mr. Cox to provide a memo on what to do with this agreement. B. Follow Up Items i. 8670 Cedar Hammock Circle Roadway Damage o Mr. Cox noted another letter was sent to them this time by certified mail. Still have not received a response from them. o The Board requested that PMI be contacted to provide an estimate to repair the damaged roadway. o Phoenix Roofing will also be contacted. On MOTION by Mr. Greeley seconded by Mr. Bolton with all in favor the Board voted to have the District Attorney develop a letter to send to the Master Association requesting that a requirement be instituted in which the District be named as an additional insured on the vendors' insurance for any work that will be performed requiring staging on the District's roadways. 6 II January 7,2019 Cedar Hammock CDD Continued Meeting o This will help to ensure the District is better protected from additional damages that may occur in the future. EIGHTH ORDER OF BUSINESS Attorney's Report o Mr. Faircloth discussed Mr. Cox's letter dated January 6, 2019 with his Amended Engagement Letter. On MOTION by Mr. Greeley seconded by Mr. Day with all in favor the Amendment Engagement Letter was approved. EIGHTH ORDER OF BUSINESS Engineer's Report o Mr. Marshall will develop a new map. It will include the outfalls, interconnects,preserves, lake numbers,hole numbers on the map. NINTH ORDER OF BUSINESS Communication to Master Board There being no report,the next item followed. TENTH ORDER OF BUSINESS Supervisors Request o There not being any,the next item followed. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr, Rupe seconded by Mr. Martino with all in favor „the meeting was adjourned. cArkVqh Or tin Faircloth Norman Day A. Secretary Chairman 7