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Minutes 02/11/2019 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, February 11, 2019 at 3:00 p.m. at 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 Also present were: Justin Faircloth District Manager Daniel Cox(via the phone) District Attorney Sam Marshall District Engineer Tom Read Cedar Hammock Golf&Country Club Residents The following is a summary of the discussions and actions taken at the February 11, 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. Faircloth informed the Board, Mr. Rupe resigned from the Board effective immediately. This will be added to the agenda for discussion as organization of the Board. On MOTION by Mr. Greeley seconded by Mr. Martino with all in favor the agenda was approved as amended. THIRD ORDER OF BUSINESS Audience Comments o Discussion ensued regarding audience comments being moved and placed before adjournment. 1 February I I,2019 Cedar Hammock CDD On MOTION by Mr. Greeley seconded by Mr. Martino with all in favor moving audience comments prior to adjournment was approved. FOURTH ORDER OF BUSINESS Old Business o An update was provided regarding the rear gate camera system. The main box for this system is on back order, but should be received soon. Mr. Faircloth discussed this issue with the vendor as the project has been pending since December. If the vendor is unable to provide this particular box,the Board will look at something else.Mr. Faircloth will follow-up. FIFTH ORDER OF BUSINESS New Business A. South Florida Water Management District 1.9.19 o South Florida Water Management District inspection occurred on January 9, 2019 and all materials were removed and this is longer an issue. o Discussion ensued regarding the irrigation project which is now completed. They are going to install more littorals in the next couple of weeks and will be harvesting the littorals in the next two to three weeks. By the middle of next week, they hope to have them harvested and delivered for planting. o Mr. Read explained they are planting along the banks of the ponds with the littorals to see if this would help with any of the algae. They are only doing test areas on one side of a few different lakes just to see how it works. Along with that, they will be introducing some carp into some of the ponds which eat the grass off the bottom of the ponds. This process requires approval through permitting from the Fishing Wildlife Division and South West Florida Management. o The carp installation will be for Lakes 3, 5 and 11 and the cost for the littoral irrigation is a total of$3,112.90. There has been some discussion back and forth regarding the grates for Lake 5 but after discussion with Mr. Marshall it was agreed only two grates are needed for that lake. These steel grates prevent the fish from swimming out into another lake. Further discussion ensued regarding this item. B. Preliminary FY2020 Budget Discussion o Mr. Faircloth presented and reviewed the preliminary budget with the Board. o At the March meeting, the tentative budget will be adopted and the high watermark number for the assessment established and cannot be exceeded. 60 days are required between the 2 February 11,2019 Cedar Hammock CDD March meeting date and the final adoption of the budget which is scheduled on May 13,2019 at which time a public hearing for the budget will be presented. o Discussion ensued regarding the need for an increase in the O&M assessment based on the previous reserve study. o Financial exhibits were presented by Mr. Faircloth who provided a breakdown of various fund allocations, reserves and fund balance. Discussion ensued regarding establishing the allocation of funds to each of the reserves. o Mr. Faircloth is looking for direction from the Board as to what they want done prior to approving the budget at the next meeting because once it is adopted and the high water mark is set they cannot increase the assessments. However,if the decision is to increase then a mail out will be done and the residents notified of the proposed increase as required. SIXTH ORDER OF BUSINESS Attorney's Report A. Resolution 2019-03 Setting Public Hearing o Mr. Cox provided the purpose of the resolution. Discussion ensued regarding the possible date for the public hearing. o Mr.Greeley presented a number of questions to the attorney,responses were provided. B. Resolution 2019-04 Levying Special Assessment o Discussion ensued regarding each section of the resolution;questions were asked by Board members and responses provided. o Mr. Cox provided additional updates regarding Tekram to the Board and requested approval to proceed with the lawsuit against Tekram Service for the damages to the road and to resolve it as cheaply and expeditiously as possible. o Mr.Greeley asked if there is a possibility to have the Association explore some methodology for getting this from the contractor. The contractor of Tekram has been spoken to about the damaged areas, but indicated it is not their fault and they did not cause the damage. At this point,they have been unresponsive to all requests and correspondence. On MOTION by Mr, Greeley seconded by Mr. Martino with all in favor to pursue legal action against Tekram Services for the damage they caused to Cedar Hammock Circle and their failure to respond was approved. 3 February 11,2019 Cedar Hammock CDD o Mr. Cox provided an update on the FEMA claim for gatehouse damages which was denied. They also received two more denials, one is for tree removal. Mr. Faircloth mentioned the indicated cost they have for the tree removal is incorrect and he has a meeting with FEMA on Wednesday to discuss. o The other denial is the lake for$4,400. Mr. Faircloth asked if the Board would like Mr. Cox to appeal these denials. They are looking at approximately $25,000 of possible appeal. FEMA is willing to pay the recovery of initial debris from Tree Cutters LLC in the amount of $7,365.25. On MOTION by Mr. Martino seconded by Mr. Bolton with all in, favor for Mr. Cox to appeal the Lake 5 decision by FEMA and will wait until further discussion at the March meeting for the other debris was approved. o Mr. Faircloth questioned whether not having exhibit A &B available could the Board move forward with the two resolutions. He asked if they should word the approval of the resolution in such a way that it states subject to final attorney's approval. o Mr. Greeley motioned, seconded by Mr.Martino with all in favor to postpone adoption of the resolution until the March meeting. However,discussion ensued regarding the resolution and the motion was not completed. o Discussion ensued regarding having Prague since they provided materials and it did not appear like it would take long to complete. o Mr. Greeley feels they should adopt these resolutions when they have all the material and the Board has had a chance to review it all. o Mr. Faircloth mentioned if the Board was interested in moving forward with a loan, Inframark could research possibilities for the Board and provide this information for them at a cost of $2,500. It was noted that Inframark can only provide information, but cannot provide recommendations per regulations. The District would have to review the information and make the choice themselves. It was noted that if the Board hired a financial advisor they are allowed to make recommendations as they are regulated by the SEC and can make these recommendations legally. o Mr. Marshall should have all the final numbers for this project next week for the Board to review. Discussion ensued regarding putting the bids out. 4 February 11,2019 Cedar Hammock CDD o Mr. Day questioned whether they would be in the same place one week from now having a continuation meeting. Discussion ensued regarding financials, total cost of the project and assessments. On MOTION by Mr. Greeley seconded by Mr. Martino with Mr. Greeley and Mr. Martino voting AYE and Mr. Day and Mr. Bolton voting NAY the motion postponing adoption of Resolution 2019-03 and Resolution 2019-04 until the March 11,2019 meeting failed. o Mr. Martino asked if they would make an amendment that they continue this meeting for a week at which time they will have the information available from Mr.Marshall. SEVENTH ORDER OF BUSINESS Engineer's Report o Mr. Marshall will provide a completed report which includes all the numbers within a week. A. Draft Supplemental Engineer's Report o Mr. Marshall asked the Board to review this prior to the next meeting. o He requested the Supervisors review the work description in the report. o Mr.Marshall provided the financial breakdown and the approximate length of the project. o The final plans from Bridging Solutions and Ingenium were presented to the Board which included suggested bidders. o It was noted on page 121 the color of the bulkhead had not been selected. B. Bridging Solutions Bridge Replacement Design Documents i. Final Draft of RFP ii. List of Bidders iii. Bridge Location Exhibit iv. Signed and Sealed Final Bridge Plans C. Ingenium Bulkhead Replacement Design Documents i. Forge Engineering Report of Geotechnical Exploration ii. Banks Engineering Wall Replacement Layout iii. Bid Tabs Bulkhead Walls iv. Sheet Pile Wall Specification v. Signed and Sealed Final Bulkhead Plans vi. RFP Timber Bulkhead Rehabilitation with Vinyl Sheet Pile Wall vii. Rock Sounding Bulkhead#4 viii. Rock Sounding Bulkhead#16 ix. Rock Sound Bulkhead#17&#5 x. List of Bidders o Further discussion ensued regarding these design documents and suggested changes. 5 February 11,2019 Cedar Hammock CDD On MOTION by Mr. Greeley seconded by Mr. Martino with all in favor the plans for the bridges and bulkhead as designed with the fore }mentioned changes was approved. D. Quarter 4 2018 Water Use Compliance Report o Staff will provide a copy of the report to the Board as it was missing in the agenda packet. EIGHTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the January 7,2019 Continued Meeting o Mr. Faircloth asked if there were any changes,corrections or deletions to minutes. Changes were made and will be part of the final record. On MOTION by Mr. Greeley seconded by Mr, Martino with all in favor the minutes of January 7,2019 continued meeting was approved as amended. B. Approval of the Minutes of January 14,2019 o Mr. Faircloth asked if there were any changes, corrections or deletions to minutes. There being none,n MOTION by Mr. Greeley seconded by Mr. Martino with all in favor the minutes of the January 14,2019 meeting were approved. J C. Financial Report o Mr.Faircloth reviewed the financial report with the Board. o Discussion ensued regarding the financial expiring 2.13.19 CD. On MOTION by Mr. Bolton seconded by Mr. Martino with all in favor the financial report was accepted and to move the expiring CD to a money market account with the highest interest obtainable without exceeding any legal protection regarding the balance was approved. D. Follow-up Items o Mr. Faircloth reviewed the follow-up items earlier in the meeting. o Discussion ensued regarding damage to the guard house, On consensus from the Board, Mr. Faircloth will go ahead and pursue repairs and an insurance claim. 6 February 11,2019 Cedar Hammock CDD E. Board Organization o Discussion ensued with the Board regarding the resignation of Mr. Rupe from the Board. The Board decided to post a notice on the website of the seat vacancy as well request the Master Board to send out a notice. On MOTION by Mr. Greeley seconded by Mr. Bolton with all in favor the resignation of Mr.Rupe was accepted. NINTH ORDER OF BUSINESS Communication to Master Board o Mr. Day will attend the next Master Board meeting. On Board consensus it was decided this item will be removed from the agenda going forward. TENTH ORDER OF BUSINESS Supervisors Request o Mr. Greeley mentioned the need to have a spreadsheet which shows how the District is going to fund future projects. Staff indicated this could be developed once the bids come back and the Board determines a scope of service for the project. On MOTION by Mr. Bolton seconded by Mr. Martino with Mr. Bolton, Mr. Day, and Mr. Martino voting in favor and Mr. Greeley opposed Resolution 2019-03 was approved subject to final attorney review. On MOTION by Mr. Martino seconded by Mr. Bolton with Mr. Bolton, Mr. Day, and Mr. Martino voting in favor and Mr. Greeley opposed Resolution 2019-04 was approved subject to final attorney review. ELEVENTH ORDER OF BUSINESS Audience Comments o Audience comments were received. TWELFTH ORDER OF BUSINESS Continuation On MOTION by Mr. Martino seconded by Mr. Day with all in favor, motion to continue the meeting to February 25, 2019 at 100 pm was approved. - / k / Ju l Faircloth Norman Day S!retary Chairman