12/16/2019 Minutes MINUTES OF MEETING
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
The Regular Meeting of the Board of Supervisors of the Quarry Community Development
District was held Monday December 16,2019 at 12:00 p.m. at Quarry Beach Club located at 8975
Kayak Drive, Naples, FL 34120
Present and constituting a quorum were:
George Cingle Chairman
Stanley T. Omland (by phone) Vice-Chairman
Timothy B. Cantwell Assistant Secretary
Lloyd Schliep Assistant Secretary
William Flister Assistant Secretary
Also present were:
Bob Koncar District Manager
Jere Earlywine-on the phone District Counsel
Albert Lopez District Engineer
Jeff Satfield CPH Engineering
The following is a summary of the discussions and actions taken at the December 16,2019
Quarry Community Development District's Board of Supervisors Meeting.
FIRST ORDER OF BUSINESS Call to Order
• Mr. Koncar called the roll and a quorum was established.
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor,authorizing Mr.Omland to attend by phone and vote during
the meeting was approved. 5-0
SECOND ORDER OF BUSINESS Pledge of Allegiance
• The pledge of allegiance was recited.
THIRD ORDER OF BUSINESS Roll Call
• Roll call was already established.
December 16,2019 Quarry CDD
FOURTH ORDER OF BUSINESS Approval of Agenda
• Mr. Koncar asked if there were any changes to the agenda as presented. Mr. Om land
requested a FEMA update as he has been in contact with their legal adviser and wished
to provide an update to the Board.
• Mr. Cantwell would like the discussion item added to 9A of the agenda for Mr. Lopez to
provide a brief discussion on the Phase III shoreline status as well as an update on the
schedule which was distributed to the Board.
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor,the meeting agenda was approved as amended. 5-0
FIFTH ORDER OF BUSINESS Public Comments on Agenda Items
• There being no public comments,the next agenda item followed.
SIXTH ORDER OF BUSINESS District Manager's Report
A. Approval of the Minutes of November 18,2019
• Mr. Koncar asked if there were any changes,corrections,deletions to the minutes. There
being none,
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor, the minutes of the meeting of November 18, 2019 were
approved as presented. 5-0
• Mr. Koncar indicated there was an audit selection committee meeting which was
attended by three Board members.
• The two proposals presented were from Grau and Associates and Berger,Toombs, Elam,
Frank and Gaines and their rankings were reviewed.
• The committee went through the selection process and unanimously selected Berger,
Toombs, Elam, Frank and Gaines.
• The question was asked why the committee selected Berger, Toombs, Elam, Frank and
Gaines versus Grau and Associates whom had been their auditor. It was indicated both
auditing companies qualified with very little difference between the two, but the
committee felt Berger, Toombs, Elam, Frank and Gaines had more experience dealing
2
December 16,2019 Quarry CDD
with community development districts, a larger staff and the cost comparison revealed
Grau and Associate was$800-900 more expensive.
On MOTION by Mr. Cantwell seconded by Mr. Omland with all in
favor, authorizing the Chair, District Counsel and District Manager
to enter into negotiations for a contract for auditing services with
Berger,Toombs, Elam, Frank and Gaines was approved. 5-0
• Mr. Koncar indicated normally at this point of the meeting there would be a discussion
on the financials. However, they are currently reformatting the financials and will have
updated November and December financials at the January meeting.
SEVENTH ORDER OF BUSINESS Attorney's Report
• None.
EIGHTH ORDER OF BUSINESS Engineer's Report
• Mr. Lopez discussed the request for the proposed dock additions which were received on
December 11, 2019 and they have 30 days to respond and are currently in the process of
reviewing these requests.
• Mr. Cingle indicated they now have a home owner improvements request application
process in place. He explained the CDD is responsible for the maintenance of the
easement around the lake which is subject to fines and other penalties if these terms of
the agreement for the easement with SFWMD are violated.
• The process is as follows:
o Description and/or plan for improvements request made for area.
o Request reviewed by QCA to ensure all QCA guidelines are met.
o If rejected,the QCA returns the request to the home owner.
o If approved,the QCA forwards the request to the CDD to verify that the proposed
improvement design is acceptable with regard to the easement. The CDD
Engineer has 30 days to review the improvement design and accept or reject it.
o The CDD will inform the QCA about the acceptance or rejection of the request.
3
December 16,2019 Quarry CDD
NINTH ORDER OF BUSINESS Business Items
A. Phase II/III Construction Items
i. Discussion on Shoreline Repair Project — Phase II Walk-Through Inspection
Results and Close-out
• On December 3, 2019 Mr. Cingle, Greg Haas, Albert Lopez, John Morales and Brandon
Dowling inspected the final completed areas from Phase II. All of the work was approved
except for two items: the sod on Copper Canyon which is in the process of being planned
and implemented, as well as,the loading area on Quarry Drive.
• The loading area on Quarry Drive will be reestablished as a part of the Phase II contract,
but will not be done until after Phase III is completed. Phase II will then be closed at that
time.
ii. Purchase Orders for Sampling Excavator Services from Quality Enterprises and
ECS—Update
• Item was not discussed.
iii. Change Order for Phase III—Dock Utilities Disconnection Cost
• Mr. Cingle stated numerous emails have been sent out to the homeowners affected by
the disconnection of their utilities as Quality Enterprises removes the docks in order to
re-establish the rip wrap under the dock ramps. The utilities must be disconnected,pulled
back, taped off so that Quality Enterprise can efficiently and safely remove the docks,
repair the rip wrap underneath and put the docks back.
• Due to a homeowner not complying with the request,a change order to QE was required
for the not to exceed amount of$1,680 for electrician and plumber services. The amount
includes enough funds for the existing issue and two emergency disconnections in the
future.
• The question was asked whether the resident had just not responded to the email
request, and the answer was that the home was vacant. Mr. Cantwell questioned
whether the funds being spent will be recoverable. Mr. Cingle explained that Mr.
Earlywine indicated that costs could be recovered through a lawsuit against the
homeowner.
• Further discussion ensued regarding this matter.
4
December 16,2019 Quarry CDD
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor,change order for phase III for dock utilities disconnection for
QE in the amount not to exceed$1,680 was approved. 5-0
• A resident had a question as it relates to the dock disconnection. The Board provided the
answers and further discussion ensued on this matter.
B. HOA/CDD Transition Items
i. Lake and Preserve Maintenance RFP—Status of RFP submittal and Contractor
Responses
• Mr. Lopez discussed the schedule and stated that the Phase III completion date is still
February 28, 2020.
• It was noted Slate Court was completed out of order due to rock availability.
• Mr. Lopez stated the only thing pending on Slate Court is the sod which they will be taking
care of this week. Further discussion ensued regarding this matter.
• Regarding the 2020 lake maintenance contract: Mr. Cingle mentioned he was working
with Will Elliott from CES, who has not seen the Lake Maintenance Specification. Mr.
Cingle indicated that Mr. Elliott has been talking to the QCA employees about the
Ecoharvester, and that Mr. Elliott must receive the Specification soon. Mr. Koncar
indicated the Board had not approved the issuance of the specification yet,but once they
do,the specification can be sent out.
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor the issuance of the RFP for lake maintenance to CES for
consideration was approved. 5-0
• Mr. Cantwell asked Mr. Koncar to send out an update on where they stood with the
preserve maintenance which included a proposal from CPH. He will review this. The QCA
contract is with Woods and Wetlands for the preserve maintenance which expires at the
end of this year.
• Discussion ensued regarding the new contract, costs and the individuals responsible for
maintaining this area.
5
December 16,2019 Quarry CDD
• The South Florida Water Management District inspection does not have the manpower
to go out and inspect and this could take as long as five-years or sooner, but only if a
complaint has been filed.
• Discussion was had regarding the conservation easement agreement that was dated May
9, 2000 between Quarry and the Corkscrew Regional Economics Eco System Watershed
Land and Water Trust coming known as CREW.
• Extensive discussion was had on this matter.
• Mr. Koncar discussed the RFP Lake Maintenance bid. He mentioned in the past they had
a pre-bid conference for those who wished to bid on the project. He mentioned a date
had not been decided and questioned when the proposals are due.
• Further discussion ensued on this matter.
On MOTION by Mr. Flister seconded by Mr.Schliep with all in favor
the CPH proposal for preserve maintenance review in the amount
of$10,756 for basic services was approved. 5-0
fl
• A resident asked a question as it relates to the wetlands and the Board provided a
response and further discussion ensued on this matter.
ii. Assignment of Golf Club/HOA Agreement — Discussion on Golf Club Pond and
Preserve Maintenance;Consideration of Additional Engineering Review
• Mr. Cingle shared the importance that the homeowners are directly assessed by CDD for
annual maintenance. However, he noted, there are agreements with other entities who
do not pay through the tax rolls and one of the entities is the Golf Club and another is the
HOA.
• As it relates to the Golf Club,the Board would like to perform a study which analyzes the
current requirements of the Golf Club in terms of their technical maintenance
responsibility, as well as the responsibility of three lakes which are currently owned by
the Golf Club, but they have requested the CDD take over maintenance responsibility for
them.
• Mr. Lopez provided the plan of action.
6
December 16,2019 Quarry CDD
• Per Mr. Lopez, upon review it is noted the CDD owns 388 acres of lake care and the Golf
Club owns about 18 acres. Since this has been identified,the next step would be to do a
site visit to check the quality of the lakes, see what needs to be repaired and what needs
to be maintained.
• They will review what action needs to be taken on these lakes. After further discussion,
it was indicated this process will be broken up into two phases. One being a physical
inspection to see what plans need to be initiated.
• Discussion ensued on what is the proper action to be taken toward those lakes. The CDD
will determine what the ongoing fees will be, as well as determinating whether the CDD
would like to assume the responsibility and if they do, how much the Golf Club would be
charged for this transfer of responsibility.
C. Property Due Diligence Items
i. Update Regarding CDD Supervisor Notebooks and Related Property Ownership
Analysis
• Mr. Earlywine and Mr. Haber provided an update to the Board.
• Mr. Haber indicated there are two agenda items and they are sort of related which are
items 9Ci and 9Cii.
• Mr. Haber stated himself, Mr. Omland, Mr. Earlywine and the engineer had a call to
discuss the status of items 9Ci.
• Mr. Omland provided a brief overview of the current phase of the notebook. He indicated
the next goal for completion or at least the delivery of the notebook to the Board. The
goal was originally set for this month, but he would think next month since the package
has evolved.
• The content of the notebook will include about 100 pages of support documentation so
perhaps a one-page summary of what documents are and then an acknowledgement that
the full document can be made available through Mr. Koncar's or Mr. Earlywine and Mr.
Haber's office. The hope is that they can advance this for distribution to the board at the
January meeting.
• Mr. Haber stated item 9Cii discussed specifically about the assumption of the seawall and
beach maintenance by CDD. As part of the preparation of the notebook, one of the things
7
December 16,2019 Quarry CDD
his office and Mr. Lopez's office was looking at is who has responsibility. They looked at
actual conveyance documents.
• Further discussion ensued regarding this matter.
ii. Discussion Regarding Assumption of Seawall and Beach Maintenance by CDD
• Item discussed under 9Ci.
D. Litigation Items
i. Discussion on Phase I Contractor Settlement Funds
• Mr. Earlywine provided a brief overview on the status of this litigation. Discussion ensued
regarding the settlement fund and 0& M.
ii. Declaration of Shade Session for January 2020
• Mr. Koncar indicated they will need a motion to approve a Shade Session.
• Mr. Earlywine stated there are certain statutory requirements which needs to be placed
into the records today and be part of the minutes.
• He anticipates having a Shade Session at the January 22, 2020 meeting starting at 12:00
pm lasting approximately one hour. In attendance would be Michael Traficante, Wes
Haber, himself, the Board of Supervisors, Bob Koncar and a court reporter. They will be
holding this session for the purpose of discussing negotiation of litigations expenditure in
connection with the BG Mines.
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor a Shade Meeting scheduled at the regular January 22, 2020
meeting at 12:00 pm to last one hour was approved. 5-0
• Mr.Cingle indicated Mr.Wes Haber who was on sabbatical for six months as of December
1, 2019, and has returned to work with the Quarry CDD. He will be working with Mr.
Earlywine to get back up to speed. They welcome Mr. Haber back and appreciates the
efforts of both Mr. Haber and Mr. Earlywine.
iii. P.O.s for QE Sampling Excavator& ECS
• Mr. Cingle updated the Board with regard to the BG Mine litigation. The original plan
was to use a QE excavator on a barge, but it was discovered that the barge and the
excavator would not fit under the bridge. They had to hire ECS for the mini-excavator
work on Boulder Lake. Sod was damaged by the mini-excavator at Nautical Landing, and
8
December 16,2019 Quarry CDD
a purchase order was required to fix the sod. This work has now been completed and
approved.
On MOTION by Mr. Schliep seconded by Mr. Cantwell with all in
favor issuance of a purchase order to obtain services for the use of
an excavator and replacement of damaged sod for work at Boulder
Lakes was approved. 5-0
• Mr. Cantwell provided an update on FEMA. He received a call from their counsel Tony
Ettore who they hired to help with the appeal. Mr. Cantwell received a report from Mr.
Ettore which he updated the Board.
• Mr. Cantwell asked Mr. Omland to provide his observation and input on this matter.
• Mr. Omland believes there is hope to be optimistic and provided his input. No timetables
from FEMA are available.
• Further discussion ensued on this matter.
On MOTION by Mr. Orn land seconded by Mr. Cantwell with all in
favor to consider an amount not to exceed$5,000 allocation for the
continuous efforts to pursue the FEMA reimbursement application
of the construction cost was approved. 5-0
• Mr. Cingle indicated that the Fieldstone Drainage Improvement Project has been
reviewed with the contractor, who is obtaining the necessary parts. Mr. Cingle will be
alerting home owners in advance about the Project.
• Mr. Cingle also stated the same for the Spinner Cove Seawall Repair Project-there was
an extensive meeting with the chosen contractor. They reviewed the site, and the
contractor identified several areas which were important to repair.
• Mr. Cingle recommended additional work at an extra cost of$840 for the Spinner Cove
Project so that all open gaps along the top of the seawall are sealed as well as making
additional repairs to the berm.
On MOTION by Mr. Cingle seconded by Mr. Cantwell with all in
favor an extra $850 for work at Spinner Cove was approved. 5-0
9
December 16,2019 Quarry CDD
E. New Business Items
i. Status of CDD Website Development and Roll-out Plan
• Mr. Koncar and Mr. Earlywine have worked on the contract for Campus Suite which will
be provided to the Chair for execution then Campus Suite has a 30-day period to roll out
the new website. Mr. Koncar hopes by the January meeting to have the new website in
place.
ii. Storage Costs from SDS—Inframark Proposal
• Inframark received a bill from SDS on storage. SDS stated they had an additional storage
bill in the amount of$357. Mr. Koncar wanted to bring this to the Boards' attention and
if there is no objection to go ahead and have this paid.
• Discussion ensued having this service under Inframark. Mr. Koncar will follow-up on this
and provide the cost for this service.
iii. Establishment of Committees
• Item was tabled.
• However, Mr. Cingle stated formal committees that are established are subject to the
Sunshine Law.
• Mr. Cantwell provided his input on this.
TENTH ORDER OF BUSINESS Supervisor Requests
• Mr. Cantwell asked if there has been any news on the commercial property and the
disposition of assessing commercial properties within the Heritage Bay Umbrella
Association. He was informed no.
ELEVENTH ORDER OF BUSINESS Audience Comments
• Audience comments were received.
TWELFTH ORDER OF BUSINESS Adjournment
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor the meeting adjourned. 5-0 J
(91';(i C
Cha'rperson/ce-Ch irperson
10
MINUTES OF MEETING
THE QUARRY
COMMUNITY DEVELOPMENT DISTRICT
The Regular Meeting of the Board of Supervisors of the Quarry Community Development
District was held Monday December 16,2019 at 12:00 p.m.at Quarry Beach Club located at 8975
Kayak Drive, Naples, FL 34120
Present and constituting a quorum were:
George Cingle Chairman
Stanley T. Omland (by phone) Vice-Chairman
Timothy B. Cantwell Assistant Secretary
Lloyd Schliep Assistant Secretary
William Flister Assistant Secretary
Also present were:
Bob Koncar District Manager
Jere Earlywine-on the phone District Counsel
Albert Lopez District Engineer
Jeff Satfield CPH Engineering
The following is a summary of the discussions and actions taken at the December 16,2019
Quarry Community Development District's Board of Supervisors Meeting.
A. Call to Order
Mr. Koncar called the roll and a quorum was established.
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor,authorizing Mr.Omland to attend by phone and vote during
the meeting was approved. 5-0
B. Pledge of Allegiance
The pledge of allegiance was recited.
C. Roll Call
Roll call was already established.
December 16,2019 Quarry CDD
D. Approval of Agenda
Mr. Koncar asked if there were any changes to the agenda as presented. Mr. Omland
requested a FEMA update as he has been in contact with their legal adviser and wished
to provide an update to the Board.
Mr. Cantwell would like the discussion item added to 9A of the agenda for Mr. Lopez to
provide a brief discussion on the Phase III shoreline status as well as an update on the
schedule which was distributed to the Board.
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor,the meeting agenda was approved as amended. 5-0
E. Public Comments on Agenda Items
There being no public comments,the next agenda item followed.
F. District Manager's Report
1. Approval of the Minutes of November 18, 2019
Mr. Koncar asked if there were any changes, corrections,deletions to the minutes. There
being none,
On MOTION by Mr. Cantwell seconded by Mr. Schliep with all in
favor, the minutes of the meeting of November 18, 2019 were
approved as presented. 5-0
Mr. Koncar indicated there was an audit selection committee meeting which was
attended by three Board members.
The two proposals presented were from Grau and Associates and Berger,Toombs, Elam,
Frank and Gaines and their rankings were reviewed.
The committee went through the selection process and unanimously selected Berger,
Toombs, Elam, Frank and Gaines.
The question was asked why the committee selected Berger, Toombs, Elam, Frank and
Gaines versus Grau and Associates whom had been their auditor. It was indicated both
auditing companies qualified with very little difference between the two, but the
committee felt Berger, Toombs, Elam, Frank and Gaines had more experience dealing
2
December 16,2019 Quarry CDD
with community development districts, a larger staff and the cost comparison revealed
Grau and Associate was$800-900 more expensive.
On MOTION by Mr. Cantwell seconded by Mr. Omland with all in
favor, authorizing the Chair, District Counsel and District Manager
to enter into negotiations for a contract for auditing services with
Berger,Toombs, Elam, Frank and Gaines was approved. 5-0
Mr. Koncar indicated normally at this point of the meeting there would be a discussion
on the financials. However, they are currently reformatting the financials and will have
updated November and December financials at the January meeting.
G. Attorney's Report
None.
H. Engineer's Report
Mr. Lopez discussed the request for proposed dock additions which were received on
December 11, 2019 and they have 30 days to respond and are currently in the process of
reviewing these requests.
Mr. Cingle indicated they now have a home owner improvements request process in
place. He explained the CDD is responsible for the maintenance of the easement around
the lake which is subject to fines and other penalties if these terms of the agreement for
the easement with SFWMD are violated.
The process is as follows:
Improvements request made for area.
Request reviewed by QCA to ensure all QCA guidelines are met.
If rejected,the QCA returns the request to the home owner.
If approved,the QCA forwards the request to the CDD to verify that the proposed
improvement design is acceptable with regards to the easement. The CDD
Engineer has 30 days to review the improvement design and accept or reject it.
The CDD will inform the QCA about the acceptance or rejection of the request.
3
December 16,2019 Quarry CDD
I. Business Items
1. Phase II/III Construction Items
a. Discussion on Shoreline Repair Project — Phase II Walk-Through Inspection
Results and Close-out
On December 3, 2019 Mr. Cingle, Greg Haas, Albert Lopez, John Morales and Brandon
Dowling inspected the final completed areas from Phase II. All of the work was approved
except for two items: the sod on Copper Canyon which is in the process of being planned
and implemented, as well as, the loading area on Quarry Drive.
The loading area on Quarry Drive will be reestablished as a part of the Phase II contract
but will not be done until after Phase Ili is completed. Phase II will then be closed at that
time.
b. Purchase Orders for Sampling Excavator Services from Quality Enterprises and
ECS—Update
Item was not discussed.
c. Change Order for Phase Ill—Dock Utilities Disconnection Cost
Mr. Cingle stated numerous emails have been sent out to the homeowners affected by
the disconnection of their utilities as Quality Enterprises removes the docks in order to
re-establish the rip wrap under the dock ramps. The utilities must be disconnected, pulled
back, taped off so that Quality Enterprise can efficiently and safely remove the docks,
repair the rip wrap underneath and put the docks back.
Due to a homeowner not complying with the request, a change order to QE was required
for the not to exceed amount of$1,680 for electrician and plumber services. The amount
includes enough funds for the existing issue and two emergency disconnections in the
future.
The question was asked whether the resident had just not responded to the email
request,and the answer was that the home was vacant. Mr. Cantell questioned whether
the funds being spent will be recoverable. Mr. Cingle explained that Mr. Earlywine
indicated that costs could be recovered through a lawsuit against the homeowner.
Further discussion ensued regarding this matter.
4
December 16,2019 Quarry CDD
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor,change order for phase III for dock utilities disconnection for
QE in the amount not to exceed$1,680 was approved. 5-0
A resident had a question as it relates to the dock disconnection. The Board provided the
answers and further discussion ensued on this matter.
2. HOA/CDD Transition Items
a. Lake and Preserve Maintenance RFP — Status of RFP submittal and Contractor
Responses
Mr. Lopez discussed the schedule and stated that the Phase III completion date is still
February 28, 2020.
It was noted Slate Court was completed out of order due to rock availability.
Mr. Lopez stated the only thing pending on Slate Court is the sod which they will be taking
care of this week. Further discussion ensued regarding this matter.
Regarding the 2020 lake maintenance contract: Mr. Cingle mentioned he was working
with Will Elliott from CES, who has not seen the Lake Maintenance Specification. Mr.
Cingle indicated that Mr. Elliott has been talking to the QCA employees about the
Ecoharvester, and that Mr. Elliott must receive the Specification soon. Mr. Koncar
indicated the Board had not approved the issuance of the specification yet,but once they
do,the specification can be sent out.
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor the issuance of the RFP for lake maintenance to CES for
consideration was approved. 5-0
Mr. Cantwell asked Mr. Koncar to send out an update on where they stood with the
preserve maintenance which included a proposal from CPH. He will review this. The QCA
contract is with Woods and Wetlands for the preserve maintenance which expires at the
end of this year.
Discussion ensued regarding the new contract, costs and the individuals responsible for
maintaining this area.
5
December 16,2019 Quarry CDD
The South Florida Water Management District inspection does not have the manpower
to go out and inspect and this could take as long as five-years or sooner, but only if a
complaint has been filed.
Discussion was had regarding the conservation easement agreement that was dated May
9, 2000 between Quarry and the Corkscrew Regional Economics Eco System Watershed
Land and Water Trust coming known as CREW.
Extensive discussion was had on this matter.
Mr. Koncar discussed the RFP Lake Maintenance bid. He mentioned in the past they had
a pre-bid conference for those who wished to bid on the project. He mentioned a date
had not been decided and questioned when the proposals are due.
Further discussion ensued on this matter.
t —
On MOTION by Mr. Flister seconded by Mr.Schliep with all in favor
the CPH proposal for preserve maintenance review in the amount
of$10,756 for basic services was approved. 5-0
A resident asked a question as it relates to the wetlands and the Board provided a
response and further discussion ensued on this matter.
b. Assignment of Golf Club/HOA Agreement – Discussion on Golf Club Pond and
Preserve Maintenance;Consideration of Additional Engineering Review
Mr. Cingle shared the importance that the homeowners are directly assessed by CDD for
annual maintenance. However, he noted, there are agreements with other entities who
do not pay through the tax rolls and one of the entities is the Golf Club and another is the
HOA.
As it relates to the Golf Club,the Board would like to perform a study which analyzes the
current requirements of the Golf Club in terms of their technical maintenance
responsibility, as well as the responsibility of three lakes which are currently owned by
the Golf Club, but they have requested the CDD take over maintenance responsibility for
them.
Mr. Lopez provided the plan of action.
6
December 16,2019 Quany CDD
Per Mr. Lopez, upon review it is noted the CDD owns 388 acres of lake care and the Golf
Club owns about 18 acres. Since this has been identified,the next step would be to do a
site visit to check the quality of the lakes,see what needs to be repaired and what needs
to be maintained.
They will review what action needs to be taken on these lakes. After further discussion,
it was indicated this process will be broken up into two phases. One being a physical
inspection to see what plans need to be initiated.
Discussion ensued on what is the proper action to be taken toward those lakes. The CDD
will determine what the ongoing fees will be, as well as determinating whether the CDD
would like to assume the responsibility and if they do, how much the Golf Club would be
charged for this transfer of responsibility.
3. Property Due Diligence Items
a. Update Regarding CDD Supervisor Notebooks and Related Property Ownership
Analysis
Mr. Earlywine and Mr. Haber provided an update to the Board.
Mr. Haber indicated there are two agenda items and they are sort of related which are
items 9Ci and 9Cii.
Mr. Haber stated himself, Mr. Omland, Mr. Earlywine and the engineer had a call to
discuss the status of items 9Ci.
Mr.Omland provided a brief overview of the current phase of the notebook. He indicated
the next goal for completion or at least the delivery of the notebook to the Board. The
goal was originally set for this month, but he would think next month since the package
has evolved.
The content of the notebook will include about 100 pages of support documentation so
perhaps a one-page summary of what documents are and then an acknowledgement that
the full document can be made available through Mr. Koncar's or Mr. Earlywine and Mr.
Haber's office. The hope is that they can advance this for distribution to the board at the
January meeting.
Mr. Haber stated item 9Cii discussed specifically about the assumption of the seawall and
beach maintenance by CDD. As part of the preparation of the notebook,one of the things
7
December 16,2019 Quarry CDD
his office and Mr. Lopez's office was looking at is who has responsibility. They looked at
actual conveyance documents.
Further discussion ensued regarding this matter.
b. Discussion Regarding Assumption of Seawall and Beach Maintenance by CDD
Item discussed under 9Ci.
4. Litigation Items
a. Discussion on Phase I Contractor Settlement Funds
Mr. Earlywine provided a brief overview on the status of this litigation. Discussion ensued
regarding the settlement fund and 0& M.
b. Declaration of Shade Session for January 2020
Mr. Koncar indicated they will need a motion to approve a Shade Session.
Mr. Earlywine stated there are certain statutory requirements which needs to be placed
into the records today and be part of the minutes.
He anticipates having a Shade Session at the January 22, 2020 meeting starting at 12:00
pm lasting approximately one hour. In attendance would be Michael Traficante, Wes
Haber, himself, the Board of Supervisors, Bob Koncar and a court reporter. They will be
holding this session for the purpose of discussing negotiation of litigations expenditure in
connection with the BG Mines.
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor a Shade Meeting scheduled at the regular January 22, 2020
meeting at 12:00 pm to last one hour was approved. 5-0
Mr. Cingle indicated Mr.Wes Haber who was on sabbatical for six months as of December
1, 2019 and has returned to work with the Quarry CDD. He will be working with Mr.
Earlywine to get back up to speed. They welcome Mr. Haber back and appreciates the
efforts of both Mr. Haber and Mr. Earlywine.
c. P.O.s for QE Sampling Excavator&ECS
Mr. Cingle updated the Board with regards to the BG Mine litigation. The original plan
was to use a QE excavator on a barge, but it was discovered that the barge and the
excavator would not fit under the bridge. They had to hire ECS for the mini-excavator
work on Boulder Lake. Sod was damaged by the mini-excavator at Nautical Landing, and
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December 16,2019 Quarry CDD
a purchase order was required to fix the sod. This work has now been completed and
approved.
On MOTION by Mr. Schliep seconded by Mr. Cantwell with all in
favor issuance of a purchase order to obtain services for the use of
an excavator and replacement of damaged sod for work at Boulder
Lakes was approved. 5-0
Mr. Cantwell provided an update on FEMA. He received a call from their counsel Tony
Ettore who they hired to help with the appeal. Mr. Cantwell received a report from Mr.
Ettore which he updated the Board.
Mr. Cantwell asked Mr. Omland to provide his observation and input on this matter.
Mr. Omland believes there is hope to be optimistic and provided his input. No timetables
from FEMA are available.
Further discussion ensued on this matter.
On MOTION by Mr. Omland seconded by Mr. Cantwell with all in
favor to consider an amount not to exceed$5,000 allocation for the
continuous efforts to pursue the FEMA reimbursement application
of the construction cost was approved. 5-0
Mr. Cingle indicated that the Fieldstone Drainage Improvement Project has been
reviewed with the contractor, who is obtaining the necessary parts. Mr. Cingle will be
alerting home owners in advance about the Project.
Mr. Cingle also stated the same for the Spinner Cove Seawall Repair Project-there was
an extensive meeting with the chosen contractor. They reviewed the site, and the
contractor identified several areas which were important to repair.
Mr. Cingle recommended additional work at an extra cost of$840 for the Spinner Cove
Project so that all open gaps along the top of the seawall are sealed as well as making
additional repairs to the berm.
On MOTION by Mr. Cingle seconded by Mr. Cantwell with all in
favor an extra $850 for work at Spinner Cove was approved. 5-0
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December 16,2019 Quarry CDD
5. New Business Items
a. Status of CDD Website Development and Roll-out Plan
Mr. Koncar and Mr. Earlywine have worked on the contract for Campus Suite which will
be provided to the Chair for execution then Campus Suite has a 30-day period to roll out
the new website. Mr. Koncar hopes by the January meeting to have the new website in
place.
b. Storage Costs from SDS—Inframark Proposal
Inframark received a bill from SDS on storage. SDS stated they had an additional storage
bill in the amount of$357. Mr. Koncar wanted to bring this to the Boards' attention and
if there is no objection to go ahead and have this paid.
Discussion ensued having this service under Inframark. Mr. Koncar will follow-up on this
and provide the cost for this service.
c. Establishment of Committees
Item was tabled.
However, Mr. Cingle stated formal committees that are established are subject to the
Sunshine Law.
Mr. Cantwell provided his input on this.
J. Supervisor Requests
Mr. Cantwell asked if there has been any news on the commercial property and the
disposition of assessing commercial properties within the Heritage Bay Umbrella
Association. He was informed no.
K. Audience Comments
Audience comments were received.
L. Adjournment
On MOTION by Mr. Cantwell seconded by Mr. Flister with all in
favor the meeting adjourned. 5-0
+i
C air erson/ a-Chair rson
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