Minutes 04/08/2019 MINUTES OF MEETING
CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRICT
A regular meeting of the Board of Supervisors of the Cedar Hammock Community
Development District was held on Monday, April 8, 2019 at 2:00 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
Fred Bally Assistant Secretary
John Martino Assistant Secretary
Gene T. Bolton Assistant Secretary
Also present were:
Justin Faircloth District Manager
Dan Cox District Counsel
Dave Kelly Kelly Brothers, Inc.
Charlie Garcia Florida Marine Construction, Inc.
The following is a summary of the discussions and actions taken at the April 8, 2019 Cedar
Hammock Board of Supervisors meeting.
FIRST ORDER OF BUSINESS Call to Order and Roll Call
o Mr. Faircloth called the meeting to order.
SECOND ORDER OF BUSINESS Approval of Agenda
o Mr. Faircloth asked if there were any additions or changes to the agenda.
o Mr. Greeley had a number of items which he wished to be brought up:
• Summary reports to the Master Board
• Several individuals have expressed interest in a different type of cap rock wall and
this developed in the last week. Item will be added under fifth order of business and
will be item C.
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On MOTION by Mr. Day and seconded by Mr. Greeley with all in
favor the agenda was approved as amended.
FIFTH ORDER OF BUSINESS New Business
A. Presentation of Bulkhead&Bridge Repairs & Replacement Bids
o The contractor bidders were presented at the meeting.
B. Board Interviews of Bidders
Kelly Brothers
o Mr. Faircloth questioned whether their bid incorporated everything the District requested
to be bid out. Mr. Kelly stated they bid the bulk head walls, but did not bid the bridges.
Mr. Kelly stated that their bid included all of the necessary piping and draining for the
wall.
o Questions were asked and responses provided.
o Discussion ensued regarding the permitting process for the project.
o Further discussions ensued regarding the starting of the project and what is required.
o Mr. Kelly was asked to put together some numbers and answers for the Board so they can
better compare everything.
o The question arose if it was possible to have multiple crews doing several parts of the
project simultaneously or were they set up to do only one project at a time. Mr. Kelly
responded and stated it would be important for him to know the flow so that he could bid
it.
o Mr. Kelly was asked whether they had any litigations in the last five years. He confirmed
they had none and if anyone was interested in wanting to know more about his company,
he had letters of recommendation for every project.
o Discussion ensued regarding funding.
Florida Marine Constructions
o Mr. Faircloth asked Mr. Garcia whether their bid incorporated everything the District
requested to be bid out. Mr. Garcia confirmed their package contained all the requested
items.
o Mr. Faircloth asked if this included all necessary drainage. Mr. Garcia asked Mr.
Faircloth to be specific on what drainage he was inquiring about because there is an
actual item which provides for them to put weep holes which is a form of drainage and if
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this is what they are specifically discussing, that is absolutely correct they have this. If
there are any other forms of penetrations to the wall or anything of that nature, from the
golf course itself then unless there is specific items that are not on the plans then they
would not have those specific items.
o Mr. Faircloth mentioned this vendor had a date of completion, but did not provide the
estimated days. Mr. Faircloth asked if they knew the number of days it would take to
complete the project. They are estimating about five months to complete the project
which is approximately 150 days based on weather conditions.
o Their permit process was questioned; they mentioned they had a meeting today with the
head of the Collier County Building Department but due to time constraints have
rescheduled the meeting until Wednesday. However, they are going to pursue the permit
as an emergency repair situation and try to expedite the permit process.
o The vendor went on to state if they were required to bid the whole project they would
have bid the whole project,but instead they just bid out phase one of the project.
o Further discussion ensued regarding the project with the vendor. A number of questions
were asked and responses provided.
o Continued discussion ensued regarding this project.
o On discussion, Mr. Faircloth indicated they threw out the bids which were not responsive
as they did not follow the correct protocol.
o The bids are good for 90 days in accordance with the terms of their bids and they do not
have to select a bidder until the deadline of June 30,2019.
o Discussion ensued regarding assessments,direct-billing the assessment and the tax bill.
THIRD ORDER OF BUSINESS Public Comments on Agenda Items
o Public comments were received.
Let the record reflect the Board took a 15-minute recess.
Let the record reflect the Board reconvened the meeting at 4:42 p.m.
o Discussion ensued regarding prepayments of the taxes. Mr. Cox provided the Board with
a brief synopsis as it relates to the taxes.
o Further discussion ensued regarding the project and cash flow.
o Mr. Cox asked if the Board wanted to accept bids as they are good for 90 days but can be
discussed further after the April 23,2019 meeting.
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III
SIXTH ORDER OF BUSINESS Attorney's Report
A. Draft Letter to Master Association Regarding Use of District's Roadways for Staging
o Mr. Cox noted he should have the letter for the HOA by the end of the week.
B. Update on Claim with Tekram Services
o Mr. Cox informed the Board he has the complaint drafted and is waiting for his litigator to
get back. He should be back on Wednesday to look over it and make his suggestion on what
else they need to file, at the same time. This hopefully should be filed by the end of the
week.
o Mr. Faircloth stated they received a response on the appeal for the roadway items from the
State.The response came back in the District's favor,the State recommended that FEMA pay
it. FEMA is reviewing the recommendation,but has a final say on this.
o An appeal for the Lake 5 damages was done and Mr. Cox indicated they have received the
acknowledgement on it from the State.
o Mr. Faircloth sent an email to the Board after reviewing with FEMA and they did state they
would obligate another debris removal. The final debris removal which was outstanding they
had denied he recommended to the Board to not appeal it based on the communication with
Mr. Cox and FEMA and he asked for responses back from them as a Board and gave the
Board 48 hours in which to respond back to him because they had a deadline for appealing.
He had not received any responses from the Board objecting so it was decided not to appeal
that last item.
o Mr. Faircloth stated they have received the initial funds from the State already, however,
Inframark is waiting to bill for work on this portion of the project until the work with FEMA
is completed and the District is paid on the obligated items.
FOURTH ORDER OF BUSINESS Old Business
o Mr. Day indicated Mr. Kelly is going to write up a three-year plan and was going to provide
the Board with those numbers. He feels they should hear what the numbers are and is
suggesting a meeting next week after Mr. Kelly provides them as discussed earlier in the
meeting.
o Mr. Greeley stated a continuation of the meeting made sense,but questioned why would they
want to award the bid prior to that meeting.
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o Further discussion ensued regarding the finances as it related to the project.
o Mr. Greeley stated there will be a fair amount of discussion to make a decision about the
financing.
o Discussion ensued regarding possibly working with Mr. Kelly and negotiating with him.
o Further discussion ensued regarding the two contractors.
o Mr. Faircloth asked about the wall bids if the Board is considering negotiations with Kelly
Brothers and whether they would rank them as the number one bidder at this point.
o Mr. Greeley stated the bids for the bridge were very disappointing. They were much higher
than Ralph or Sam had projected.
o Mr. Day noted there were other bridge contractors that had bids ready, but had not submitted
them on time. Discussion ensued regarding the bridge bid.
o Mr. Faircloth had Ralph from Building Solutions on the phone. He explained the idea of
installing large cap rock walls such as what Travis mentioned. Mr. Faircloth asked Ralph to
present his idea and his thought process about using those. He provided his input on this
matter and further discussion ensued regarding this.
o It was requested for Ralph to provide a change order and provide this information back to the
Board.
On MOTION by Mr. Day seconded by Mr. Bally with all in favor,
rejection of the bridge bid from Florida Marine Construction, Inc.
and to re-bid them authorizing Bridging Solutions to do a change
order from 12 inch to 10 inch poles in the amount of$1,200 was
approved.
SEVENTH ORDER OF BUSINESS Engineer's Report
A. New District Map Update
o None
EIGHTH ORDER OF BUSINESS Manager's Report
A. Approval of the Minutes of March 11,2019 Meeting
o Mr. Faircloth asked if there were any corrections, deletions or changes to the minutes. There
being none,
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On MOTION by Mr. Greeley seconded by Mr. Martino with all in
favor the minutes of March 11, 2019 meeting were approved as
presented.
B. Financial Report
o Mr. Faircloth asked if there were any questions regarding the financials.
On MOTION by Mr. Bolton seconded by Mr. Bally with all in
favor the financial report was accepted.
C. Letter from Berger,Toombs, Elan, Gaines& Frank
o Mr. Faircloth informed the Board a letter from Berger, Toombs, Elam, Gaines & Frank was
received explaining how they handle the yearly audit.
D. Discussion of Fiscal Year 2020 Modified Tentative Budget
o Mr. Faircloth questioned whether there were any questions on the budget. There being none,
the next agenda item followed.
i. Draft Notice to Owners Regarding Public Hearing on FY2020 Budget
o Not covered during the meeting.
E. Proposed FY2020 Meeting Schedule
o Not covered during the meeting.
F. Follow-up Items
i. FEMA Update
o Item was discussed earlier in the meeting.
ii. Phoenix Roofing Cedar Hammock Circle Damage Update
o Mr. Faircloth had PMI come out and take a look at this. It is their recommendation
that no repairs are required at this time as they feel over time the sun is going to cause
the pavement to contour like it should and the surface damage will go away.
iii. Cedar Hammock Circle/Sawgrass Way Paving Project Update
o Mr. Faircloth stated that all outstanding payments from the various HOAs had been
received and the pavement project is now complete.
iv. Camera System Install Update
o The gate repair install has been completed. There were three incidents which were
captured on camera last week. These cameras are fantastic and Mr. Faircloth will
meet with staff to ensure they are trained on the system.
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v. Gatehouse Repair Update
o This has been fixed. They negotiated with the insurer to pay the cost of the repair
plus an hour of Mr. Faircloth's time which will be billed to the District.
o Mr. Faircloth received an update from the South Florida Water Management District,
they contacted the general manager asking for the fiscal year 2018 wetland report.
This was supposedly completed year ago and were no longer required to submit
reports. Mr. Faircloth checked with Cardno who does the monitoring for the District
and they stated they needed to submit something to the South Florida Water
Management District to close the project out and were doing so.
o Wetland monitoring is no longer required for the permit but ongoing wetland
monitoring will have to continue. The club maintains the preserves but is owned by
the CDD.
NINTH ORDER OF BUSINESS Supervisor Requests
o Mr. Greeley questioned whether they will continue this meeting to have discussions on the
presentations on April 23, 2019 and how they are going to occur, what should be on the
agenda and how it is written, as well how are they going to respond and what the format will
be.
o Discussion ensued regarding engaging a financial advisor.
On MOTION by Mr. Day seconded by Mr. Bolton with all in favor
to engage with a financial advisor in the amount of$5,000 to be
negotiated down by Mr. Faircloth was approved.
TENTH ORDER OF BUSINESS Audience Comments
ELEVENTH ORDER OF BUSINESS Continuation
On MOTION by Mr. Day seconded by Mr. Martino with all in
favor continuing the meeting to April 11, 2019 at 2:00 pm was
approved.
April 8,2019 Cedar Hammock CDD
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